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STATE LEGISLATURE- Dkbatein thi Sisaij. Moxdat, Not. 8, 1M2. The Senate having under consideration the special order for this day. being the bill to re peal the .act establishing the County of Jackson ; the pending question being on ordering the bill to a third reading, Mr. Thomas remarked thai the Senate had this morning referred to the Judiciary Commit tee a question upon the decision of which, to a great extent, the estimated population of Jack son would depend, lie presumed it -would not be insisted on that this bill should Iks disposed of until that Committee had made their report, which he doubted not they would do at an ear ly day. lie did not desire unnecessary delay, but inasmuch a? the question whether the U. S. Census was to be adopted as the proper enume ration of the population of that Couuty had not yet been disposed of by the Senate, (a matter Which he deemed essential in coming to a decis ion upon the question before them,) he would move that its further consideration bo postponed until Wednesday nest, and he hoped that gen tlemen on the other side would acquiesce in the postponement of this bill until that day, in order that they might have a report from the Com mittee. Mr. Steele. I suppose. Sir, that I am one of the Senators on this side of the house to whom an appeal has been made by the Senator from Haywood. So far as I am concerned, Sir, the Senate will probably recollect that I announced here some days ago, that I was just as well pre pared to act upon the question at that time as I should be at any subsequent period ; that I cared very little whether the Indians to be found with in the territory from which the gentleman comes were regarded as a part of the population or not. I did not consider that it affected the ar gument in the slightest degree. I stated that I did not care in what light they were regarded ; that it was sufficiently apparent that the terri tory called Jackson Couuty did not contain the requisite population, even if they were included. "What I said then I say now ; and I say further that I do not sec that any good end is to le gained, anv good purpose effected by postponing the bill. I can see uo sort of necessity for it whatever. I presume that the report of the Ju diciary Committee upon the question submitted to them, let it le as it may, will not change the mind of a single Senator in regard to this bill. I imagine that the Senator from Haywood him self, when he reflects upon the subject, will come to the same conclusion that I have, that it will not affect the decision in the least. The whole ques tion is one of mere facts and figurgs, and the minor question, which has leen referred to the Committee, is comprehended within thegrcatcr, pon which we are all sufficiently informed and Trepared to act, if we were but willing to act. am opposed therefore to any postponement. There is no necessity for postponement. It will bo recollected also, that the Senator from Haywood addressed the Senate some days ago for about an hour or an hour and a half upon the question which is now befure the Senate, or at least one which was before the Senate a few minutes ago : and that I then an nounced to the Senate that I desired to reply to some portions of the speech of the Senator. I desired to replv at the time. I wanted no fur ther preparation to meet that portion f the ar gument which I thought required a response than I was perfectly aide to make at that mo ment. I do not like to sleep over the subject week after week. The speech which I intended to make did not, in my judgment, require a great deal of preparation. Inasmuch as I was preelu ied from replying then, I would like to submit a. few remarks now ; and if it be in order for me no so, I will proceed. The Speaker. The Chair docs not think it would be in order to go into an argument upon vthe merits of the bill. Mr. Steele. No, Sir, that is not what I in tend. The Speaker. The gentleman can only as sign reasons why it should be postponed. Mr. Thomas. I will withdraw my motion in order to afford the Senator from Richmond an opportunity to deliver himself of a speech. Mr. Steele. Well, Sir, I am certainly very much obliged to the Senator for his courtesy. We all know that ho is a very courteous gentle man ; and the withdrawal of his motion is, of course, precisely what I expected from a gentle man of that character. Now I will inform the Senate in the beginning that the portion of the speeeh of the Senator -from Haywood to which I design making a re ply wa., in my judgment, not very intimately connected with the question before the Senate. I desire to reply to that portion of the remarks of the Senator in which he misrepresented the position which I had taken. It must be conce ded, Sir, and it is conceded at this day, not know ing what the future may develope, that every gentleman shold define his position, unmistake ably, upon every question that may come up. And not knowing but circumstances may here after place me in a position where I might he Affected by the misrepresentation of the Senator, J thought it was due to myself and to my friends that I should set myself right in regard to this matter. Of course I do not believe that, if I should hereafter, poradv nturp, be a candidate for public honors, the misrepresentation of the Senator would affect me in the region of Coun try from which I come, nevertheless it is but a matter of justice to every man that he should be fairly represented in regard to his osition and views before the public. Now the Senator from Haywood alleged on that occasion that I had consumed an hour and a half in abusing the people of the little County of Jackson, and speak ing of their poverty, and all such stuff as that. Now I appeal to the candor of Senators bere if I said one word in the slightest degree disre spectful of those people if I said a word about their poverty, a word alout their character. Not a word. I had, Sir. mentioned the subject of taxation but once in the speech I made, and ihat was a part of the subject not at all con nected with representation in the House of Commons. Not at all. I did not indulge, Sir, in a single remark derogatory to the character of the people in that region of country in any respect. 1 did not tell the Senate whether they were poor or rich I did not tell the Senate whether they were ignorant or learned, for I do not preteud to kDow. Yet the Senator alleged that I had abused the people of that section of the -Country, and on that. Sir, a large portion of his very excellent speech was based. Now, Sir, I have done no such tiling. But in another portion of the speech of the Senator, by way of Amends I suppose for misrepresentation, the ."Senator has been pleased to attribute to me an extraordinary decree of eloquence and learning, to which I certainly have never laid claim, nor my friends for me. Of course, I was very much gratifiedby the compliment, without pretending to say whether the Senator was in earnest or indulging in irony. But all that does not hide the purpose of the Senator to place me iu a false position. In another portion of the remarks of the Senator, he alleged, with no other founda tion and for no other reason as far as I know, than that the Senator from Buncombe addres sed the Senate immediately after I had finished, that there was collusion between that Senator and myself, to give him an opportunity of being heard, before allowing the Senator from Hay wood to reply. Now, I take occasion to state here in my place, that I had no conversation with the Senator from Buncombe on the sub ject, that the only remarks I made having re ference to the Senator from Buncombe, or di rected to him, were made in the face of the Sen ate ; and hence, the collusion indicated bv the Senator from Haywood could not have taken place. The Senator then went on to dilate up on his devotion to the federal basis, and to in dicate that he should be called on to witness a marriage ceremony between the federal basis whigs and the white basis whigs, that was about to take place in the legislature of the State. Now, sir, what kind of marriage the Senator had reference to I do not pretend to say. I was somewhat at a loss to understand the distinction the Senator designed making ; but if he meant tu indicate that the federal banr whig in the General Assembly, would, under any circum-1 :v. . v - i : v t- v . v i stances, join with the white basis whigs for the purpose of earning out the result of producing the change in the Constitution of the State that they advocate, then the Senator was never more wofully deceived in bis life. I stated that I was most uncompromisingly the ad vocato of the present basis of representation in the House of Commons. I state so now. And when I made that statement, I had duly weighed the words I used, and intended to use them in their broad est and most emphatic sense. And I say fur ther that when I am found to yield up the in terests of the people who sent me here to pro tect those interests when I am found yielding up the federal basis, which, in my judgment, secures to them their rights, I should like to know where the Senator from Haywood himself would be found. Does any Senator suppose that an individual representing interests such as I do, would betray those interests, while a Senator representing the interests which the Senator from Havwood represents would stand up for them ? By what process of reasoning any one can arrive at such a conclusion, I am at a loss to comprehend. No, sir: I can join the Senator from Buncome or a Senator from any other district of this State in carrying out those measures which, in my judgment, tend to the preservation of peace and the good of the country ; but, 6ir, upon a question of this kind which has no connection "whatever witn me par- tv nolitics r.f th eountrv. I see proper to act for myself and with those Senators who concur I with me in opinion, let them be democrats or ! whigs, I care not. And upon a question of this J sort. I have no hesitation in saying that I shall ' be found with the honorable Speaker of the Se nate, with tho Senator from Edgecombe, and with the Senator from Nash, and not with the Senator from Buncombe. No, sir. I say again to the Senate, and it is prominent in the mind of every fair, honest and intelligent gentleman who comes from the section of State in which I live, that I shall at least defend the federal ba sis as long as the Senator from Haywood ; and I say I shall be found defending it when the Senator from Haywood has tainted and given way. Sir, I perceive some laughter on tno op- posite side of the House ; I wish to be under-1 stood that I mean no particular allusion when I use the word faint. The Presidential election is over, and we are whipped vety badly. I for j one, submit, without retaining any asperity of fecliug; but look how adroitly the Senator man- aged upon this occasion. I was of the opinion j from the beginning, that the Senator from Hay- j wood employed his very shrewd judgment for I fie purpor e of accomplishing what h? had reason ; to suppose ho could not accomplish by ordinary : means. Now Sir, did tho Senator from Richmond, or , the Senator from Bertie, in their arguments, in j favur of the bill, make the slightest allusion' to the party polities of the country? Did ei-j ther of us indicate, or could it Ik? inferred from I our remarks, on which side of the political di vision of parties we stood ? No, sir, not at all. There has not been the most indirect allusion to party polities. But vet, when the Senator from Haywood rose in Ii is place, with that pe culiar smile, which always illumine? his coun tenance, the Senator wnt off into a dissertation about federal basis Whigs, and white basis Whig. Now, what did it all mean ? Where was the necessity, upon a question of this sort, for introducing party politics at all ? Sir, the Senator from Haywood had no design, when ho made the allusions, to bring those who were supporting his own views in regard to this so called Jackson County into disrepute, and to destroy their influence. He could not have meant that. Then what did he mean ? I con fess, Sir, that I am at a loss to know what he did mean ; but I do deprecate this systom which some gentlemen follow of introducing party pol itics into every question that comes before a Legislative body, when we all know, that but a small portion of the questions that come be fore us have anything to do with party politics, very few indeed. Where was the necessity then for the Senator holding forth about federal ba sis democrats, and white basis Whigs What was the purpose of it ? Why, I supposed when the argument was gone into, that tho Senator from Buncombe, and myself, were to stand up and be married, in a political sense, with the Senator from Haywood 03 principal witness: that wo were to be fused together, or confused by some political alchamyof the astute Senator from Haywood. Now, I have this to say. in reference to that mitter; I have not been influened in the slight est degree, in the advocacy of this bill, by any such considerations and I have not the slight est idea, that the Senator from Buncombe, or the Senator from Bertie or the Senator from Perquimans, or any other Senator on this side, was so influenced, whatever may have been the case, in regard to the Senator from Haywood. As to him, I will not undoitake to say ; it be comes not me to sav I will, at all events, not attribute any such feeling to him. But I pro test, and mont earnestly, against this dragging of party politics int questions with which they have nothing at all to do. There was a large portion of the speeeh of the Senator from Haywood, that I thought was par ticularly addressed to Buncombe or some region of country up there. 1 did not understand that it had any connection with tho question under consideration ; and therefore, I did not feci cal led on to reply to many of the positions assumed by the Senator, erroneous, as I took them to be. As they had no connection with the main question, I will not consume the time of the Senate in replying to them. My principal purpose was, p.s I stated in the ! outset, to correct some of the statements of the ! Senator from Haywood. I would have gone into the discussion of tho question more at ! length than I have done, but the Senate will j perceive that 1 am somewhat hoarse and I not feel like undergoing the labor, that a full j reply to the Senator from Haywood would re- i quire If I had the opportunity, when his speech was fresh in my mind, and I was stir red up, somewhat, I might occupy another hour and a half; and I trust that the" Senator from Haywood, if he had taken tho trouble to read my speech, the report of which I take occa sion to say I never saw, until I saw it in print will acknowledge that he did me injustice in charging me with having made any reflections upon the people of his section of the country, by speaking of their poverty or otherwise, or that I said one word that could be construed into abuse of tho people living in aDy section of tha State. I said on that occasion, that I probably had as much respect for the people living in hi section of the State, as he or any otner ."senator ; that 1 would do them no injus tice ; that I would not sav any thing in tho slightest degree disrespectful of" thorn, whatever their opinions might be. I will not trouble the Senate any longer at present. Mr. Thomas. I Rm very Sir, to hear uie oenaior irom mchraond disavow any inten tional depreciation of the people of the West. I understood him in the commencement of his speech, on a former occasion, to use this lan guage : The Senator from Bertie, said he. has used arguments which must have convinced every Senator on this floor of the propriety of repealing the act establishing Jackson county. I will enquire of the Senator, if he said so; I may have misunderstood him. Mr. Steem. I have no idea of going into any such discussion, as it is evident from the interrogatory of the Senator, he desires to draw me into. I will not do it. I have treated the Senator in the discussion of this question, with fairness and candor. I have not interrupted him in the tourse of his remarks with unneces sary interrogations. I have allowed him on all occasions to proceed uninterruptedly with what he had to say. And I now simply request the Senator to forbear propounding any such ques tions to me. I will not say it does not be come me to say what has taken place between 71,;" . , Place between the Senator from Haywood and myself, except what has been witnessed by the Senate, but I nslf the Senator to recollect what lm nl,nr. I place, and to forbear propounding any such questions. The Senator asks me if I said so and so. Why, according to my recollection. I did, and I found in the report of my remarks, ' , .shed, a sentence pretty much word for J word, as the Senator has repeated. And I have i n .1 l. 1. 1 , , , -. 1 no doubt, he has looked it over and committed that sentence to memory. And now he comes up here, and asks mo, if I said so. Why, it is really, I will not say ridiculous, but it is cer tainly a very strange'mode of conducting an ar gument. But I will answer the Senator and with more frankness than can with justice be attributed to somo Senators, on this floor that according to my recollection, I did use such language, and I repeat it here to day. Mr. Thomas. I am somewhat astonished, Sir, I confess that the Senator should mani fest so much feeling on tho subject. I simply asked the question, lor the purpose of showing what led 1110 to the conclusion at which I arriv ed, and the reason why I used the argument I did in regard to the charge, or imputation of poverty ufon the people of Jackson county. I understood the Senator from Bertie to use this argument and I understood the Senator from llichmond, as endorsing it, which I find he did that there are a great many of the Western counties which do not at this time pay enough money iu the shay of taxes to pay the per diem of their representative, and tliat if Jackson were not repealed, it would add one to the number. I presume I was not mistaken in this. Now I have right to infer that the Senator from Rich mond entertains on this subject the same opin ion. If he docs not, he will have an opportuni ty of showing to the people of Jackson at an carlv dav. that such are not his oniui ons. (r. Thomas proceeded to recapitulate some of the arguments used by him on a former day, and to comment upon those of the Senator from Richmond. He hoped the Senator would now consent to the postponement of the bill, until they had a report from the committee. Mr. Steele. I do not understand the Sena tor from Havwood, as making the motion which ; 1 expected he would make. It has been the ! practice of the Senator to make a speech and 1 wind up with motion, which would preclude further debate ; but tiie Senator exhibited a lit tle more fairness this time. Now I call upon the Senator to do me a simple act of justice. I stated to t hr? Senate that he had misrepresent- ed nie, and I Ii-tc-ned patiently tor what 1 thought I had a right to expect at his hands, a retraction of that misrepresentation. And what did it amount to ? lie gets up and talks for fifteen or twenty minutes, and makes scarcely an allusion to the subject upon which I had complained. Now I plainly perceive it is in vain to ask for justice from that Senator. I might as well attempt to call spirits from the vastv deep; and it becomes necessary forme, inasmuch justice, to as the Senator has omitted to do me set mvself right. Now Sir, I was a- niused at the way in which the Senator evaded th question, lie stated, that he understood the Senator from Richmond as endorsing the remarks of the Senator from Bertie, and went on to say that imputation was im portant t j the State, as well as taxation. 1 have 110 doubt of it at all. That is a proposition that I do not dispute ; it is one that I never dream ed of disputing. But what has that to do with tho argument of tho Senator fr-un Ber tie which the Senator says I endorsed? Ami am l to be held up, as endorsing all that was said by the Senator from Bertie, simply because 1 said he had adduced facts and figures, which ought to be satisfactory. Am I to be so under stood Did any Senator so understand me ex cept the Senator from Haywood himself? I do not believe it. The Senator from Bortie might make a speech of an hour, and dovote fifteen minutes of of tho time to a close argument upon the question under consideration, in which ar gument I might wholly concur with him ; and yet he might devote another fifteen minutes to a different subject, or to a different view of the same subject, in which I might not be able to agree with him at all. And because I said that the Senator from Bortie had set forth facts, fig ures, and inferences from the Constitution which ought to be satisfactory, I am to be held respon sible for all that he said. Sir, there is no sort of fairness in it at all. And, then the Senator goes on, and advances suppositions, in order that he may overturn them, " and if" " and if," so and so, then so and so. 1 stated dis tinctly to the Senate, and tho report of my speech bears me out, that I referred to the sub ject of taxation, but once in the course of my remarks. I used the word taxation but once, and certainly it was not done in disparagement of that portion of the State, from which the Senator comes, and no one can make it out so, even if he tries to do it. I have not then said one word in disparagement of the character of that people. Now I declare here, emphatical ly, not only in my place as Senator, but as a man who is at all times ready to answer for what he says, that I never used an expression which would justify any one in imputing to me such opinions as those attributed to mo by the Senator from Haywood ; and yet he will not do me the justice to say so here in a plain and straight forward manner. But the Senator says lie thought ho bad discovered a political mauoeuvre on this side of tho house, and that if there was any compromise ho supposed pfbb ably it would be a mixed basis ; Whigs from all sections of the State coming here, and join ing with the Senator from Buncombe, in going for a mixed basis ! Now, the very idea of such a thing as that the Senator from Perquimans and the Senator from Bertie and the Senator from Buncombe, and myself, should bo found leagued together going for a mixed basis is preposterous. Dues tho Senator from Havwood i-uppose that we shall ever fail to stand up for the present basis of representation in the House of Commons while the Senator from Haywood himself stands up for it ? I say the idea is ridiculous and it seems to me the Senator from Haywood ought to be aware that it is so himself. As I have said lefore, if we cannot get letter defenders of our interests, more reliable defenders of our in terosts than the Senator iron. Haywood, Heaven 1 knows we shall be in a bad box. I would rath- I Cr trust an eastern man than I would the Sena- ' tor from Haywood himself, with all his profes sions, and 1 care not what professions the east- ern may make, because I know ho will repre- ' sent his own interests, that is all. But, I will tell you, sir, in connection with this question of; political inanoeuvering, the conduct of the Sen- ator from Haywood is the most forcible illus-j tration I have ever observed of a suspicious and guilty mind. For, whenever you see an indi- j vidual suspecting a political manoeuvre, suspect- I ing insincerity or wire-working on the part of j otners, watcn nun ; watch him, tor there is no better evidence in the world of cunning and du plicity than a disposition to charge them upon others. The Senator went on, sir, and mado some re marks iu which I do not concur, but among other things, he says he is glad to find that he and 1 agree upon the federal basis. Well, I am obliged to the Senator for being shrewd ' enough to discover that I am a federal basis ! man. And I say, living in the section I do. I ! ought to say, I am glad to find the Senator from I Haywood agreeing with me upon that question. I certainly represent the interests of my people, and am not sure whether the Senator represents the interests of his. In view of a remark of the Senator which he has seemed extremely anxious to explain, and which he has explained two or three different ways, I think it but reasonable to come to the conclusion that he does not rep resent the wishes and interests of his friends. But I presume he does. I am willing to give the Senator the full benefit of his explanation, and I am glad he has explained. The Senator would, no doubt, be very glad to drag me into disputation with the Senator from Buncombe, but I 6hall not engage in any such unnecessary controversy. I say again, not only as a Senator, J Dut on my responsibility as a man, that i said nothing, not a single word, that can be consid ered as being in disparagement of the people of tne western portion oi iortn Carolina in the slightest degree. With these remarks I shall lcve the Senator alone upon this question of pon tins Question of the so called Jackson county, and if his motion to postpone is renewed, I shall content myself with voting against it. Mr. Thomas. The Senator from Richmond seems to think that I have done him injustice. Scnat9r from Bertio but onIj tended to en-1 It he did not endorse all the arguments of the I dorse a part, why I will say at once that ho is exonerated from a great portion of . Mr. Stexle. One word, sir, if you pleased I say to the Senator in all kindness, that I care verv little whether he exonerates me or not. j Mr. Thomas. And with as much kindness as j is possible to be used, I will say to the Senator, i that the Senator from Haywood cares, probably, 1 as little as he does. But in regard to the post j ponenient of this bill, I was in hopes that the i Senator from llichmond would at last have con : sented to it, until we have an opportunity of seeing whether the census that has been taken by Congress will be adopted or not. I now un , dcrstand the Senator, before the proposition is made, as avowing his intention to oppose it. The Speaker. Does the Chair understand the Senator as moving a postponement until Wednesday ? Mr. Thomas. Certainly, sir ; that is my mo 1 tion. I The question on the motion to postpone- was, ' bv yeas 2.5, navs 20, decided in the affirmative. SENATE. Tuesday, Nov. 9, 1S52. Mr. Caldwell presented a memorial from sun- rv citizens of Gaston countv. protesting against d being attached to Lincoln. The memorial was referred to the committee on propositions and grievances. Mr. Clark presented a petition of the officers and privates of the 20th regiment of North Car olina Militia. It was referred to the committee on the Militia. Mr. Clark from the committee on corporations reported back with sundry amendments the bill to incorporate Catawba College. It was ordered to lie 011 the table. Mr. Hargrave introduced a bill to amend an act passed in ISoO-l, ami also a bill concerning the Conrad Hill Gold Mining Company. Read a first time, and referred to the committee on corporations. '1 he following bills from the House of Com mons were read a first time, and referred to the committee on corporations: A bill to incorporate tho Fayettcvillo and Ral eigh plank road compai-. A bill to incorporate the Gulf and Graham ph'nk road company. A bill to incorporate the Haywood and Chap el Hill plank road company. Mr. Gilmer introduced a bill concerning the reports of the Supreme Court. The bill was read a first time, and ordered to a second read- Mr. Kelly introduced a bill authorising the justices of the peace to resign to the County Court, and for other purposes. It was read and referred to the committee on the judiciary. Mr. Shaw introduced a bill to incorporate tho Indian Ridgo Division, No. 220, of the sons of Temperance. Read and referred to the commit tee on corporations. Tho following engrossed bills were read a third time, and passed: A bill authorising tho probate of all dcedd and bills of sale requiring registration before the clerks of the court of pleas and quarter ses sions at any time. A bill to amend an act entitled an act for es tablishing public landings and places of inspec tion, i&C. A bill to prevent titles to lands entered in the j county of Macon previous to tho loth of March 1S2. Tho bill to repeal an act for the better organ ization of the court of picas and quarter sessions in the county of Perquimans, passed at the last session of the General Assembly, was read a se cond time. Mr. T. F. Jones remarked that the act which this was intended to repeal was one which gave power to five magistrates of the county to do whatever a majority might do under the exist ing law. It was an act that had given great dissatisfaction. The bill was ordered to a third reading. The resolution requiring the Secretary of State to procure the names of the several acting justices of the peace in this State was read a se cond time. Mr. Hoke presented the petition of sundry citixens of the town of Lincolnton in relation to the act incorporating said town. It was refer red to the committee on corporations. Mr. Hoke presented a petition praying for the passage of an act in favor of Ephraim Lects. It was referred to the committee on the judicia- r7- Mr. Thomas from tho committee on Internal Improvements reported back the bill concerning the Sea Board and Roanoke rail road company with sundry amendments. It was ordered to lie on the table. Tho Senata proceeded to the consideration of the special order, being the bill to repeal the ex isting law in relation to the time of meeting of tho General Assembly. The question being upon ordering the bill to a third reading. Mr. Caldwell said he supposed thero could be no difference of opinion now as to the proprie ty ot passing this bill. Tho bill was, by ayes 23, noes 20, ordered to a third reading. Mr. Caldwell moved that the rules be suspen ded and that tho bill be now read a third time. Mr. Joyner said ho hoped tho bill would not be read a third time now. There was a differ ence of opinions among Senators as to the pro priety of passing the bill at all. lie was h mi- self not at all satisfied of its propriety and would ! like to examine a little into the question oetore the final reading of the bill. Mr. Caldwell withdrew his motion. On motion of Mr. Kelly, the Senate took up the bill to encourage the investment of capital for mining and manufacturing purposes. Mr. Gilmer suggested that that ought to bo an extension of the time whivh limits the exis tence of corporations. By virtue of a general law now on the statute, corporations were limi ted to thirty years unless otherwise provided in their charter. He thought that in order the better to induce large capitalist to invest in vestments for mining and manufacturing pur- Eoses, especially the former, the time ought to o considerably extended, he would say to sixty years. Mr. Caldwell was in favor of a still greater extension; he proposed ninety years. This was acceded to by general consent, and the bill was so amended, and ordered to a third ( reading, when On motion of Mr. Kelly, the rules were sus pended, and said bill was read a third time, and passed. Mr. Bower introduced a bill concerning the printing of the private acts of the General As sembly ; read and referred to the committee on the judiciary. Mr. Murchison introduced a bill to incorpo-1 rate the Cumberland Academy, in the county of Cumberland; read and referred to the com mittee on corporations. On motion of Mr. Speight, the Senate adjourn ed until 10 o'clock to-morrow HOUSE OF COMMONS. Tuesday, Nov. 9, 1852. The unfinished business of yesterday was re sumed, it being the bill to amend the act to in corporate the Raleigh and Gaston Rail Road Company. The question pending was on the amendment offered by Mr. Avery, providing for a connec tion of the Raleigh and Gaston Road with the N. C. Road. Mr. Dobbin stated that there seemed to be some misunderstanding in regard to the amend ment of the gentleman from Burke, Mr. Avery and to remove all difficulty in the phraseology he would oner an amendment which he hoped j the gentleman would accept. Tho amendment I was accepted by Mr. Avery, and provides that ' the connection shall not be made until tho su-1 perstructure of the N. C. Road is laid from I Goldsborough to Raleigh. The question then recurring on the amend-' ment I Mr. Hill, of Caswell, addressed the House in i support of the amendment. He maintained that the connection should be made, that the expense : C S 1 7 e?"na-v Davc .a choice of mar of a transfer of passengers and freight to the ! f. , e-tar r d turP,hnc of the east, Raleigh and Gaston Road may be avoided It P lmP?ant interest, was not the only o j JU-U- 11 . one to bo considered. ! was for the benefit of the Western farmers that he desired the connection that ho may not be i compelled to pay from fifty cents to a dollar extra-tor every barrel ot nour or sacic 01 grain that he may choose to end to market by that road. lie preferred Wilmington to any place out of the State when she can offer a market, but he was not for building up Wilmington at the sacrifice of the interests of the people of the West. He did not think that the Question of froin-hf nnnn iht iron for thi' rvin-ctriii'finn of tho I ""- ... ' ll 11 , .1 ! iorin uaroima lioau snouiu enter into misuis cussion. The question was, whether it would or would not bo a tax upon the traveller and the farmer of tho West not to make the connec tion? Upon this point he spoke at some length. Ho was followed by Mr. McDugald, who said it was his purpose to explain the vote he expected to give, lie then referred to the manner in which the charter of the N. C. Road was procured, and the conflic ting interests reconciled ; and ho maintained that it would be acting in bad faith to the east ern section of the State to adopt the amendment proposed. He referred to the Survey for tho North Carolina Road about the etfy of Raleigh and the location of the Depot, and intimated that these had not boon made with a due regard to the interests ol other sections of tho State as a matter of policy tho Depot should have been located on the South side of tho city. Here Mr. R. M. Saunders interrupted him, and stated that three routes were surveyed, and the Direc tors selected the most practicable one ; and as for the Depot, they hail done the best they could without going two miles West of the city. Mr. McD. thought it would have been better to have located it South of tho c ity, even if the grade had been over fifty feet; as it would have afforded a better connection with tho Plank Roads and other improvements in the State. Tho amendment was necessary to enable the Ralcighand'Jaston Road to make the connection; though he understood the gentleman from Wake, Mr. Saunders, to advance a contrary opinion on a former occasion. Mr. Saunders interrupted lie put it to the gentleman, as a lawyer, to say if tho company have not the right under tho 52d section of the charter for the N. C. Road? They may have the right, said Mr. McD., to make the connection, but they have not the power to I get mere, lie wouia not oppose me couiiecuuu at tho proper time. Every day should take care of itself. Let tho company wait until tho ' X. C. Rail Road is built, and then apply for this privilege, and it will be granted. He thought a discrimination should be made in fa vor of North Carolina markets rather than those of Virginia. Mr. McD. next alluded to the re marks of Mr. Saunders in reference to Nag's Head and said he was not for asking land for opening that inlet, but he was for asking money which was now in the National treasury. He concluded by remarking that if this connection was mado now, he would lose his confidence in the N. C. Roa l is a Stato work, and would withhold his support from any proposition to extend it either east or west. Mr. Spruill warmly opposed the amendment, lie had a North Carolina hearfnd would dis criminate in favor of the markets of his own State. He felt proud of Wilmington ; the enter prise and liberality of hor citizens deserved en couragement. The legislation of this State, said he, has heretofore leen to build up Virginia and South Carolina. He was for Imilding up Wilmington and Beaufort in preference to Nor folk and Petersburg. We have the resources if wo would but use them properly. Ho would bo willing to pay more, if necessary, to have arti cles brought to us through our own ports, that seaport towns may be built up within our State. He trusted the amendment would not pass. It was the same in effect as the 18th sect, which waa struck out yesterday. If adopted, the com- Eany can condemn the land immediately and uild their road to within a few feet of the N. C lioad ; and would thus accomplish their pur pose without making tho connection. He would prefer seeing the interest held by the State in the Raleigh and Gaston Road destroyed rather than that the improvements of the State should be made to minister to towns in Virginia to the prejudice of our own towns. Mr. D. F. Caldwell next took the floor in sup port of the amendment. He alluded to the part lie had taken in the passage of the charter of the N. C. Rail Road, and in securing the stock said that he had perhaps done more than any other man according to his ability that he had worked night and day, and had subscribed every, cent he was worth to secure the charter. At this polut, a message from the Senate was an nounced, and Mr. C. suspended his remarks. A message was received from the Senate transmittingan Engrossed billtoextend tho time for the Sheriffs to make the returns ol the elec tors for President aV.d Vice President. Mr. 11. M. Saunders said ho had examined into the matter, and did not think it necessary to pass the bill. The Senate, be thought, must have overlooked the act of 1840-'l, giving the Sheriffs 12 days, which was quite enough. Mr. Avery stated that he was informed that the Senate had overlooked that act ; and there upon the message was laid over. Mr. Caldwell resumed. Ho contended that good faith to all parties required that the con nection provided for in the amendment should be made. If the people of the Eastern towns, said he, prove as true to themselves as the peo ple of the West will be to them, they have noth ing to fear. Petersburg had subsjribed for tho N. C. Road as well as Wilmington and Newborn and Petersburg had paid her subscription, while our own towns, trom some rivalry or jealousy between them, had not done so. i Mr. Saunders here stated that Wilmington had paid a part of her suliwription, and he un derstood that the rest had not been paid because ! no one went there to collect it. Newborn had made sonic difficulty, but he presunitd she M ould pay. Mr. C. had made tho remark on the authority of one who, ho supposed, was posted up, but it was not the President of the Road. lie had heard that they were endeavoring to throw the : burden of tho subscriptions upon one or two in dividuals. Ho did not doubt tho patriotism of the ! citizens of Wilmington and Newbern; but when ! the people of the West were straining every j nerve to reach their market, they ousrht not to I p throw difficulties in the way. Wilmington, 1 Beaufort and Newbern, he said, were far better markets for much of the Western produce than any of the markets in Virginia; and they need fear no competition. In reference to the amend ment, he said, the Raleigh and Gaston Company have tho right to make the connection, and ail that is now asked is the right of way. Mr. Hill, of Duplin, said ho would vote for tho amendment if so modified as to prevent tho work from being commenced until tho super structure of the N. C. Road is laid from Golds borough to Raleigh. He did not speak as an Eastern man or a Western man. ' He desired, if possible, to blow out the fires of sectional ex citement. Mr. Fagg moved that the bill and amendment he laid upon the table until Thursday next, and made the special order for that day" at 12 o' clock. His object was to stop the debate at present. The motion, however, was withdrawn at the request of Mr. Dargan, who spoko at some length in favor of the connection. Ilia section of the State was not particularly interested in the N. C. Rail Road, but they had voted for it. He was a friend to it and to all the works of im provement in the State. He complimented Mr. Saunders for th3 zeal and ability with which he had advocated works of improvement, and particularly the Raleigh and Gaston Road' TIia s:it u tu li i . the connection proposed bv the amendment .and ', iic iuuu"ui was ueepiy interested in it l,r,nl,l Knmorl T. , .,. . ' . . v ouvu.u uc uinuc. .it Bavoreu oi Pforism in any particular section of the State to ask that all the appropriations made by the Legislature ! should be turned to its benefit exclusively. He . did not believe in the doctrine of forcing nature I in the matter of trade men must be left to j choose their own market tho market mustbrinf the produce, and not produce the market. The oonnpr-tinn clii-nl,t 1 .a n,n lv n . 3 1 . ., I - Duu,v urv. iuuuv, mgueu, mat the Mr. Fagg said he was not aware, when he gave way to the gentleman, that he intended ma kinga speech,thathehad a bundleof complimen ts for the distinguished gentleman from -Wake, or a volcano in his bosom to burst upon the tar, pitch and turpentine conntry. His object was to stop the discussion, and he would now renew the motion. The questiorrwas then taken, but the motion to postpone did not prevail. Mr. Strange again spoke briefly in opposition to the amendment and in answer to those who had preceded him. He did not speak -for a section, but for the State ; and as it was asked why he opposed this connection, he would say it was because North Carolina had pledged her faith that was the answer. The amendment offerpd by the gentleman from Burke, was the same in effect as that stricken out, and this was evidenced by tho readiness with which the gen tleman from Wake had accepted it. The pledge made by the charter of the. North Carolina Road was, as he conceived, that no legislation should take place in reference to this connection until tho superstructure of that road was laid. The gentleman from Cumberland (Mr. Dob bin) had said that good faith required the pas sago of this amendment, lie did not think i so or he would vote fyr it. when the stipe r- , structure of the N. C. Road is laid, the Raleigh ; and Gaston Company have a right to come for- ; ward anu asK lor power to mane tne connec- tion, and he believed it would be granted Mr. Smith next took the floor, when the spea ker stated that the hour had arrived for taking up tho order of the day, it being the bill in re '! a: ion to abolishing Jury trials in the County Courts, &c. On motion of Mr. S. P. Hill, the bill was post poned to Monday next, and made the special order for that day at 12 o'clock. Mr. Smith then proceeded to speak in favor of the amendment. He had voted for the char ter of tho North Carolina Railroad, and he was proud of that vote. The friends of the Raleigh and Gaston Road had voted for it as well as those from Wilmington, and it could not have passed without their support. The charter it self would show that there was no 6uch bar gain or understanding in reference to this con nection, as the gentleman from New Hanover (Mr. Stiange.) supposed. He had never heard of it before. Good faith to other parts of the State required that the connection should be made. He voted for the charter of the N. C. Road to- build up seaport towns in the State, but he had no idea that a contribution should bo laid upon other parts of the State for the ben efit of those seaports. As one who took part in the passage of that charter, ho had arisen, simply to say that ho understood no such ojm pact, no such bargain, to exist as that alluded to by the gentleman from New Hanover. Mr. Avery rose to explain the amendment A fered by him. He 6tated that he conceived that good faith to the Raleigh and Gaston Road re quired that the connection should be made at tho time designated in the amendment, as good faith to Wilmington also required that it should not be made until that time. He could not therefore, in good faith to the Raleigh and Gas ton Company, accept the modification suggested by the gentleman trom Duphu, (Mr. Uill.) Mr. Collins, of Chowan, spoke at some length in support of the amendment. His section was not to be benefitted, but he looked to the inter ests of all concerned. The Raleigh and Gaston Road was a benefit to the section through which it traverses, and the State had a large interest large in it. The farming interests of the State also demand a broad election of markets. Those require a connection to be made, lie did not see that a substantial reason could be offered a- gainstit; and he called upon tho gentlemen trom tne east to show rnagnamCiity ana gener osity to other sections. If the farmers of the west are to be taxed for the transfer of their pro duce irom one ltoad to the othej;, it would be unjust legislation. The anticipated benefit to tho farming interests of the State is what car ried the charter through, and this should be look ed to. When gentlemen opposing this amend ment talk, about its connecting us with V lrgin ia, it struck him that the Wilmington road runs up to the Virginia line so that the connection is already nuide. He did not believe in forcing trade to a piace. If Wilmington can offer the same inducements as other towns, she ought not to fear competition. Mr. C. referred to tho warm expressions of attachment to the state made by the gentleman from Bertie, (Mr. Spru ill,) and remarked, that he was not willing that this gentleman should mouopolise this attach- ! ment. the gentleman seemed to think that at tachment to the State could do every thing; he was surprised to sec that attachment seemed to . i take its course down the N. C. Rail Road to Wiltuiugton. Mr. C. concluded by remarking, that ho was pleased to hear the gentleman from Wake (Mr. Saunders,) declare himself in favor of Nag's Head. His liberality on this subject would be tested. Tho debate was further continued by some pleasantry between Messrs. Fagg and Collins, and by Messrs. Spruill and McDugald in reply to remarks b other gentlemen. Mr. Hill, of Duplin, then offered an amend ment to the amendment offered by Mr. Avery, providing that tho lands shall not be condemn ed until tho superstructure of the North Caroli na Road is laid from Goldsborough to Raleigh. Mr. Amis, of Granville, spoke at length in fa vor of tho connection, audiu opposition to the amendment offered by Mr. Hill. lie contended that the connection should bo mado in good faith to the N. C. Road, and to the Raleigh and Gaston Road, and as a matter of policy lor the State. He remarked that gentlemen should not complain that others do not keep a contract, when they repudiate it on iheir part. The Road is to be built for the benefit of the State,, and not of any particular section. Mr. V. E. Hill thought the gentleman from Granville had spoken disrespectfully of his a mondment, though he supposed it was not in tentional. Mr. Amis explained. lie meant no disre spect to the gentleman, lie only spoke of the effect of his amendment ; he did not suppose it was his intention to repudiate a contract. Mr. Hill did not think suck would be the ef fect of his amendment. 11c fad introduced it merely to exclude a conclusion ; and to put the amendment iu such a shape that he could vote for it. Mr. Burton moved that the House adjourn; bat ihe motion did not prevail. Mr. Webb moved that the bill bo postponed to Thursday, and made the special order for that day at 12 o'clock ; which motion was lost. Mr. Dargan briefly replied to the srentlemen t from Bertie and Bladen, (Messrs. Spruill and j McDugald.) In alluding to tar, pitch andturpen : tine, ho meant no disrespect to that eectiou of ' the State where it is produced. It is a histori ! cal fact that these articles form an importaut 1 interest in North Carolina, and he was willing ! to protect it, but not to the detriment of the j wheat, flour, cotton, bacon, &c, of other sec ' tions. ! The question was then taken on the amend ment offered by Mr. Hill, and it was lost. The ; question recurring on the amendment offered i ! by Mr. Avery, it was adopted yeas 73, noes ! j not counted. Mr. Smith offered an amendment to the 20th ; section , empowering the Raleigh and Gaston i Company to form a connection with the Roa ' noke river. j Mr. Avery moved an adjournment, stating that the amendment was an important one, and ! he wished time to consider it; but at the re : quest of Mr. Saunders, be withdrew the motion. ! The motion was renewed by Mr. Strange, u.n chtot. Saunders called for the ayes flUtl noes. It was decided in the negative yeas ! on w i -j, nays id. Messrs. R. M. Saunders and Smith then ex plained the object of tho amendment stating that it only gave a discretionary power to the Company, which they could accept or re ject; that the distance over which the road would run was only three or four hundred yards ; and that the connection would give the western far mer an outlet to the ocean at Plymouth, where he could get fish in abundance for his family. Mr. Strange stated that ha was satisfied with j this explanation, and would cheerfully vo i the amendment. His object in making tU Jf tion JU"" nao J l" J?-' tue inform&. The amendment was then adopted. iur. o. jf . moved to amend bv out the word "ttii-iui" on.l ; r.-t; .". Striken as to give tho Sfato a innnw n;.T ..... four " .? SO dividual stockholders. J ua the in. Upon this motion, a discussion ensnori whieh Messr.s. Avery, D. F . Caldwell, J l? Hill and Phillips participated. "1- Mr. Fagg stated that he had watched the i n m its progress, and thought he saw oolit gangrene attached to it ; ho therefore off r i an amendment to the amendment, providi, f the election of the Directors on behalf oftt State by the qualified voters for members of i House of Commons. 1118 Pending these amendments, the lloUS0 journed to 10 o'cloek to morrow. SENATE. Wednesday, Nov. 10 !s- - Aiii. i--i.ijs.i, nuui uie committee on (' t whnm hilt 1 1. . .1 vastly wnsl a 1 'aims. v" " "tvu iuciicu u resolution in fav of Rufus II. Page, reported the same back t the Senate and recommended its -adoption Mr. Clark, from tho Committee on Corno tions, reported back the bill to incorn,-,ri,i .I Haywood and Raleigh Plank Road Commn ' with sundry amendments, and recommended iV passage. ' Mr. Watson, from the Committee on IV sitions and Grievances, reported l,aL-k theT'U to lay off a new county out of a portion of 'ui and recommended its passage. -vsno, Mr. Steele, from the Committee on Finan reported back the bill to repeal the provij' the 9th section of the 42d ciiap. KevS St ? utes, with a recommendation that it do nt , Also, the bill to make certain bonluK able, with amendments, and recommended it. passage. lls The resolution requiring the Secretary 0f State to procure the names of the several ac'tirJ Justices of the Peace of this State was read a third time and passed. inc mil concerning the reports of the Su preme Court was read a second time. The bill to incorporate the Catawba ColWo was read a second time, and the amendments recommended by the Committee, agreed to. Th bill concerning the Scahoanl nA ij,. I K:i iad Cmpany was read a second -.iaa. nr. I the amendments rcommended by the t ''ratals agreed to, and on motion of Mr Joy , n.r. :a rafe- were u.spcudl, and the bill read ; a shirr 'mt ! tiss:d. lM " P-ai tnach of the existing law as rer.ix ti legislature to meet on tho third -U'jbh&j in .v.it-aiir ot this year, was read a third ume. Th question being shall the bill pass, Mr. Brogden opposed its passage. He con sidered it entireiy unnecessary. So far from being of any advantage, he aflprehended if it were passed it would give rise to some difficulty. Mr. Joyner said he had objected to the third' reading of this bill yesterday because he desir ed to consider what would be the consequences resulting from its passage. The constitution, said he, requires the legislature to assemble onco in two years; and if the law which fixes tho time for its meeting be repealed, in what way was the time of meeting in future to bo deter mined ? Was it to be the duty of the Governor to issue his proclamation, calling the General Assembly together, or were they going to tako the time at which the present sesion commen ced, as the time for future meetings ? lie could see no good that was likely to result from tho passage of the bill, and he hoped it wouid not pass. Mr. Hoke said he did not think it was very material, whether the bill was passed or not. Its provisions were applicable solely to the pre sent sessiou, and the law relating to the time of meeting would remain in future precisely what it had been heretofore. The yeas and nays were taken on the passage of the bill, and resulted thus : yeas 25, nays 22. So the bill was passed. Mr. Gilmer introduced a bill accompanied by a memorial, to attach a part of Davidson county to the county of Forsyth. The bill was real and referred to the Committee on Propositions and Grievances. Mr. Thomas, from the Committee on Internal Improvements, reported back the bill to incor porate tho Haywood and Pittsboro' Plank lioad Company, and recuinmended its passage. Also, the I .il l to incorporate tne Concord and Anson Plank Road Company, with an amend ment, and recommended its passage. Mr. McCIees introduced a bill to amend an, act concerning the drainage of low grounds. It. was read and referred to the Committee on tho -3 J udiciarv. The bill to repeal the act establishing tho County of Jackson, which had been made tho order for this day, was taken up. The question, being on ordering the bill to a third reading, Mr. Thomas moved that the further consider ation of tho bill be postponed until tho twenty ninth day of Docember next. This postpone ment, he said, had been kindly suggested by tho Senator from Bertie, and it afforded him much pleasure to accede to it. The Speaker. Does tho Senator propose to make it tho order of the day for that'day ? Air. Thomas. Yes, Sir, for twelve o'clock on that day. , Mr. Thompson. ' I had not supposed. Sir7 that a jocular remark made by me should havo been seriously introduced here as the founda tion of a motion to postpone this biil. No ono surely could for a moment suppose that 1 would consent to delay the business of legislation until that time. For my own part I do not know, that, so far as the purpose 1 have in view is con cerned, any thing would be lost by its postpone ment until the twenty-ninth day of December, or its indefinite postponement either ; becauso I am perfectly satisfied that it would not be competent, under the present legislation in re ference to the so called County of Jackson, to go on and assign to it a member, or to transact any of the ordinary business of a County, i hope however the Senate will now proceed to dispose of the bill. As to tho point which hs been insisted on by tho Senator from Haywood as being important in the decision of this ques tion, that we should first ascertain whether tho Indian population should bo included in the enumeration, the friends of the bill are perfectly willing to concede that number, to allow the es timated amount of population to be increased to the extent of the number of Indians to be found there. And as to another argument of the Sen ator from Haywood, that it w;vs now reduced to a question as to whether this territory called Jackson County or some other County should bo entitled to send a member to the House of Com mons, this should not have the least weight in the minds of Senators. The bill should stand upon its own merits ; for it is a question of State policy that addresses itself to the legisla ture in this case, and not a sectiopal one. I hop0 the Senate will proceed to dispose of tho bill without further postponement. Mr. Thomas. I understand, Sir, fmm tho remarks of tho Senator from Bertie, that his proposition to postpone the bill was not mado in good earnest ; iu other words that he did not mean what he said. Tho Senator admits that the decision of this question has nothing to do with the apportionment of representation in the House of Commons, because Jackson County is not entitled to a member. There is then no ne cessity for its repeal ; no advantage will result from it then. Why not leave it as it is. Inas much as the Committee on apportionment wi 1 not be delayed by the postponement of this bill, I insist upon it the Senator from Bertie ought to consent to its postponement. ' Mr. Gilmer. I will merely make this sugges tion to the Senate, that if this bill be postponed uutil the twenty ninth day of December, with view of avoiding a consumption of time by a discussion upon it, wo shall probably havo a supplemental bill introduced here to perte-.-t the or"aiiV-atio'j of that Couuty, and Lie m -ine m to repeal an act for the Letter organ ization of the Court of Pleas and Quarter Ses sions of the County of Pasonnnlr . i u., aa it"uu a
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 13, 1852, edition 1
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