North Carolina Newspapers

LEG I SLAT I V DEBA T E S . Wednesday, Dec 13. Mr Steele's Resolutions being brforo ihe llouso Mr. AIebane offered the following amend ment : "Resolved, That the just and rightful method of settling the question of extending Slavery over the Territories of the United Elates, acquired by the recent treat? with Mexico, would be by the continuation of the line of the Missouri Compro mise to the Pacific Uccan ltfo S-rcrtc thru took the floor, and spoke as 1 -- follows : Mr. Speaker : When, some days ajo, I saw proper to introduce the resolutions, which have just been read, I did not intend to say one word in their behalf. My object, in rising now, is chiefly, to make some explanation of the reasons which influenced me to bring. thern forward, and to dis claim the object, which has been, by some per sons; attributed to me. fti trw'mcr the reason, sir. which caused the in troduction of these resolutions, I shall be obliged J to 6tate briefly why I think they should be favor- j ably acted upon by the General Assembly. I shall not touch, at present, upon the constitutional . Question involved, but, if at any other period of j the session, I shall feel called upon, in justice t myself to make any other remarks, I shall then give in extenso, the " reasons of the faith which is ia me." It was supposed at first, by some members of this House and by others, 1 understand, that one of the objects, which I had in view, was to con denin, by a solemn Legispative resolve, the con duct and opinions of one of the distinguished gen tlemen, who represent North Carolina in the Senate of the United State?. Sir, I, disclaim having had such intention. Nothing was fan her from my mind. I trust too, Mr. Speakor. that I would be one of the last men on this floor, who ' would attempt to inflict a blow upon a talented ' eon of my own State, by a means so indirect. I have too high a respect for the intellectual creat ress of the individual in question too much re spect, I hope, for myself, to attempt to infl ct a stab in the dark. No sir. If Iliad designed a rebuke of the course of that honorable Senator, I trust I have friends enough here and elsewhere, who believe that I am above such a step who think that I have honesty and independence e rough to attack him openly. This I hope, will be sufficient to satisfy any man that a covert as sault was not intended, upon one or the ab!o n;e:i who represent this State in the Senate. Sir, we are in a critical situation. The true issue presented, is between political independence and political degradation. Suppose these Peso, lutions are not sanctioned, what will be the re sult 1 Will not that fact be known bv the people of the North! Will it not be said, that a set of ! Resolutions, declaring that the Congress of the United States has no power, under the Constitu tion, to interdict slavery in the acquired Territo ries, was introduced into the Legislature of a ! is u Ltiti t j i u l uiiu l uvii i i.ic I; ;i iiu.- i i ; ; 1 1 1 di .1 -, f i ,, ,, , . , i "r""1 ",c "'cu.ui.-io, mat nicv wcic n-it-Lit-u : ; V ill not thp nponlp of th Ann ipm Si- i-pj r.-. gard this as evincing a carelessness or. our part, j ..... rr - i as to what course they may pursue J There can be no doubt of.it. Repel them, and you add an ! endorsement to their fanatical course. Vou will ! make them believe that you care cot if they bind yon that you yield your assent to a law which makes you " hewers of wood and drawers of wa ter." Mr Speaker, can any man suppose that a concession oa our part of the Constitutional au thority of Congress to pass an act wh eh the course of the Northern Representatives here.c fore demonstrate that they are desirous to pass, will have any tendency to deter them ? On the contrary, it is evident that it will bo the very , means which will expedite the infliction of their tyranny.' They will regard us as too tame too weak and servile to resist, by all just means in our power, any encroachment upon our rights ; and yielding submission, they will place the yoke , upon our necks, and bear upon us forever. It was admitted in Congress at the last session, that the contest was for power. This is not de nied. Yes, the contest is for power. Concede their right to keep a Southern slaveholder from all participation in the Territory of the United States and you grant Northern fanaticism all it demands. Can it be doubted that they will use this power ! Will it not be used to our injury ? If you ac knowledge the right of any man to do what he desires to do, you have the best reason to believe he will avail himself of your concession. Ac knowledge their right to restrict slavery, and it will be done; and when done, we shall not even have the poor and unsatisfactory consolation "thou cans't not say I did it." When men o-et im.o uve aaou or aoinff certain things, they know not when to stop, and although now. it is argued on all sides, that the Congress of the United " i iu& oi nit; uiilltil States has no right to interfere with questions of slavery in the States, it will not be lonf before some shrewd enemy will be blessed with a lucid interval ; and by some new discovery, or a reve lation from Heaven, pronounce the judgment of the past an error. Men's views upon the pow ers of Congress undergo great chances some- tunes, and the opinion of to day will not be the binding law for the future. Sir, if we concede now the right of a majority to do us an injury in one respect, and we ad certainly agree that what they are disposed to do, would be a grievous one, we have no guaranty as to what may be their for bearance towards us hereafter in any other. On the contrary, we know that one of the objects for which our Northern brethren desire so ar dently political power, is to enact such restric tion laws, as to bring about a forced abolition ot slavery in the States. Sir, let uj beware, before it is too late. Let us remember that if we vield once df we tamely submit to the imposition of I tue yoKe it we oear the lash without a struggle, our slavishness will be quoted for a precedent, arid many an error, by the same example, will rush into the State I have stated, Mr, Speaker, that one of the ob jects, in truth, 6ir, the chief, if not the only one which the agitators of ihe Free Soil movement have in view, is Iho attainment of an overwhelm ing power, in the Congress of the United States Now, sir, I would ask for what can they design this power? To pass laws "necessary for the public good" to carry out Fchemes of Internal Improvement, by the Government, or in general to do all things, which may be advantageous to the whole Country. I cannot believe Tt. I learned from an intelligent and highly estimah'e gentleman, a resident of one of the Roanoke Counties tu this State, thai he heard the distm gutshed son of a disliogushed and wily states man, say during ihe Ust summer, that the main object the Free So.lers had in their movements, was to produce, after a while, a forced abolition of slavery in the 1 States. The word of ihe wily statesman, to whom I refer, nii.hl once in lh latitude" have stood against the world. "Now none so poor as do him rev-rence." To produce a forced abolition of slavery in the States ! And how is Ibis mighty result to be ef fected 1 By confining it to its present limits let ting the slaves increase so greatly in number that their labor would be profitless themselves a burden to their masters, until the owners wouM be glad to rid themselves of ihe incubus. ler pJKlL1!? exuberant fancy of this quandam wSif P,ClUred to' lne feekin b,a-'e. of the AT.it 1"7ro'ed wi,h the M f the white. Staieiiyorct.lne abo,i,ion of slavery in the byhichiu!.0Tct l,,en P'r. if not the means themselves bei be,ac:onplished, " our enemies I canaoUh:nle J'JdrL3 " U ""constitu.ion lhnk "difficult to UcmoMiraic that the means ia also prohibited. But I prom ised not to touch the constitutional qu-eation. Mr. Speaker, I hold it lobe the duty, the bon den -duty of the Legislature of this state, to de clare the solemn protest of the people against the enactment of this most loathsome measure. Many of the Southern States have already done so, aud shall we, still preserve our sleeping name! Shall we be Rip Van Winkle slili ! But, sir, it is objected that the entertainment of these resolutions will produce an extensive dis cussion and their adoption will lead to no practi- till iuuu uui in try it v' do jrood. i nev will show to onr ienreaentatives in Congress that their constituents fully endorse their opposition to the Wihnot Proviso will show to the North ern people that we know our rights and dare maintain" them. 1 do not know that they will result in good. If I did if I was certain that the passtfiie of these and similar resolut ions, would . j quiet the present alarming, and I fear porten j tous agitation?, of the coontry restore it to that I tranquility, which onr common destiny, and com mon weal imperatively demand, I would be will ing tint their discussion should ab?orb our an nual revenue. Even then, we should gain and serve our constituents wcM. I solemnly belive that the conduct of the north ern people lias been designed as an insult. Else why did they legislate upon the qucs-tion before Territories were acquired J Von know, Mr. Speaker, t!iat a very large portion of the North ern Representatives believe that slavery cannot exist in the acquired Territories, having been abolished by an act of the Mexican Congress, un less by a special act of oar Congress establishing it, or permitting its establishment. It they arc honest in this view, they must certainly design to insult us. One thing is certain, they are eith er dishonest or disdainful, and I belieie they are both. Shall we dishonorably submit to he tram pled upon? Shall we make no resistance. 1 should leel unworthy of the trust conli.led in me by tnv coit ituents, were I to fail to struggle lor the recognition cf their ri"!its, on so important a question as this, or any or all occasntis. 1 Mr. Speaker, I dire to say r. few words upon an- ; other matter certainly not a very pleasant one to 1 me. 1 have un.loj-tool that my cou luct in intro ducing these Resolutions, has been objected to, by sonic member of this body, and by others, because i I did not consult rvith the leaders of my y utij .' Sir, I feel under no obligation to con. ult with any one : in the discharge of my duty. I will do as 1 please ; and 1 can assure any man, who supprti.vs that I am ' to shape 1113' course, at the instigation of any one to do as I may be hidden that he mistakes the man. I Mj first objfet is to see whether I am rrzht, and if i I believe so, I shall carry out the convictions of judgment, 'uncaring consequences." I am an in dependent representative of an independent constit ; uency. I know the feelings and wishes of those by whose urn duos anil confidence, I nm .McgiteJ here to represent their interests, far better than any man here, and I can permit no man to determine t.r me what 1 sh:Jil do. They have confided in my judg ment, poor and weak though it be, to dj for them as 1 may deem fit and that confidence shall never be betrayed, so long as ,: reason holds a seat": within ! I ac- - . . . , me. Consult with the leaders ot my party , ii ... V, l.t ; 1 , ,. , .!;,,.,,,-, - J J . . tmt li-v MP.('Knpp. find never v ' 1 nm wii'inr t0 g.WitU Vny party upon all questions of a p u t? character. I am willimr, nay even desirous to hear the suggestions of my political friends thcu but upon a subject like this ubove party, I mast fce permitted to do as I please. Sir, I have said more than I intended. I may have been in my course, guilty of imprudence, but I trust, bv all riiiht-miudcd men. it will bo attribu ted to an honest, if inefficient zeal, to see the riht3 of my constituents preserved the sifety of the ! .South maintained the compromises of our national j compact fully carried out. aud the great ends of jus ' ticear.J equality subserved. I have believed that j the conduct of the North, was not instigated by a : love for the slave by a holy and christian desire to 1 see bis bonds fall off and himself ujust and free." ! It is not because they think slavery a moral and po I litical evil corrupting the owner degrading his moral character sapping his wealth and enervating the growing energies and prosperity of the country. And, I believe sir, that it is quite time for us of the South to show them that we are freemen, jealous of our rights. This amendment having been rejected, Mr. Me bane introduced the following: 11 Resolved, That his Excellency, the President of the United States, did not violate the constitution in giving bis official sanction to the Oregon bill, not withstanding the clause in said bill prohibiting Sla very in the Territory of Oregou' When Mr. McDowell, of Iredell, aJJrcascJ the House Mr. McDowell would express his views before the vote on this amendment offered by the gentleman from Orange, was taken. He was opposed to having any such a clog attached to these resolutions, plain 1 he design of these rcso- lutions is to shadow forth in unequivocal terras, ' the decided voice of the people of North Carolina, ! for moral effect upon the action of Conzress. i lor moral tut'tt uj'uu iuc ;ii;wuii vi oilgr The custom of discussing national politic in Legislatures, had its origin at an early d y. A Stat,e vuiee from the ol 1 Dominion, where weeks are still con sumed in debating national affairs, once told with power, not only upon the action of Congress, but upon most States, though at this day the voice of any oue State is but little regarded, and the resolu tions may fail in their design. Though opposed to their introduction, having the utmost confidence in the patriotiim of our representatives, touching this great question, yet as these resolutions have been introduced, he" was unwilling to reject hj?m, lest the fact might be construed as a virtual abandon ment of the constitutional question, as they did in the case of Mr. Polk:s signing the Oregon bill with th proviso attached. These resolutions in plain and poiuted language, declare that Congress has no right to make any law cr doany act, that shall diiectlyor by its effects make any discrimination beteween the States of this Union. The Constitution declares, that Congress shall have power to mike all needful laws and regulations concerning the Territory of the United Statcs: but the Ncrth says, to throw the arm of protection over the slave holder, is not a needful regulation, while the South declares it is. So the dispute turns upon the point of utility. The Con stitution settles this question, in the 9th article of the amendments, which declares the reservation in the Constitution of certain rights shall not be construed to deny or disparage others retained by the p'ople ov, sir. if a citizen of the orth and cne of the South, should emigrate to a territory under theju risdiction of Congress, with their resncrt ivr n;-nn..r. I tics, and Congress should thr;.w the arm of civifhiw over the one. and withhold it from the other ilwr would beau exercise of power disparaging the rights which the southern citizen has always enjoyed. Now to avoid this conclusion, some have denied that slaves arc properly except by Statute law. Mr. McDowell remarked, that, without going into the abstract ques;iou of what constitutes property, iiias much as the Const itutioa under which Congress acts has not defined that question, they cannot de cide it, nor protect the citizen of the JN'orth in his property acknowledged as such by the Constitution of the State and refuse the same to the Southern man in bis property declared as such by the Consti tution of his State without disparaging or denyiuT our rights; for it is expressly declared elsewhere that the citizens of one State shall enjoy all the pri vileges of citizens of the other States. And certain ly, sir, it will not be asserted, that these rights and privileges are removed by a removal to a Territory, which can in no sense alter our responsibilities to the General Government. If Congress has the pow er to throw the arm of the civil law, over the citi izens of a Territory nnd protect their property against violence, it by no means follows, they cannot withhold this protection at pleasure or exercise it partially, as respects pcrsous ; for certainly, this power of legislating must be controlled by the prin ciples of equity, the spirit and letter of the Consti tution. The power to govern, grows out of the right of possession, but partiality or discrimination can not oc justified under any clause of the Constitution I f any other principle be admitted, tbe conclusion dt-anu wculi U 50 monstrous, that reasoning back against the deductions, would overthrow the premi ses. But it may be asked what avail these resolutions, when the Territory in dispute, by local law, forbids the introduction of Slaves. This can be answered, by asking another questson : Shall all the laws of a foreign Territory' remain in force after its acqui sition? If not, what shall be repealed ? Evidently such as Congress has no authority to enact, under the Constitution, if any such exist. If it be asked, under what article Congress is bouud to protect the slaveowner? Certaiuly by the same that requires protection to any other property, ns they must act impartially in all cases, be it slaves or other prop erty. But why assuT. a position on this subject which in the event our rights are trampled under foot, we may not be able or willing to maintain. If such an event should occur, what would be pro per and expedient must be determined at anoth er time, but the North should now know our views, our feeling and our position, that they may bo induced to pause long, before their acts should keep us longer in the troubled water of political strife, beyond which verges a dreary desert, where anarchy and civil war hold a terrific sway, with all their attendant train of horors. Ves, they are a calculating peoole, greatly influenced by the considerations of dollars and cents. They ran readily perceive a change of our political re lations woulucut oil onr commercial intercourse. ' Diverting onr channel of trade to England, vould i rum their Cotton Mills, throw out of employ ment hundred of operatives, and blight the pre sent fair prospects of their fanners. Ves, all that is wanted is a firm and united stand on the part of the South, the North will yield us an e quai participitio:'. of the Territories. Ves, her interest will fore her to yield. Mr. Ravuer begged to be excused from voting, and 6tated his reasons for this request. The scene witnessed here to-day (said Mr. R) had been any otln-r thin one of pleasure1 to him He thought tno in; roduction of these Resoiut'ons ill-advised, and their consideration would he to promote pariy ends and party purposes. These Resolutions (said Mr. R) involve a grave ques tion which should unng to their invest ration all the ability of the Statesman and Patriot (here Mr. R. was called to order.) Mr. R. then said he was unwilling to appear to be against the sec-, tion of country in which he lived, in which his destinies were cast and which held his all ; but as he was forced to vote, h ? would, no; withstand ing Mr. Poik's own friends had deserted him, vote to approve his ollieiil conduct touching this ques tion vo'e as his consience and his heart told was r.ghl lie would vote aye. Mr. Stanly said he desired to stale that his re fusing to vuie proceeded from no feeling of dis courtesy towards the House Rut he took his original position not oo blow the blaze kindled by the introduction of these- Resolutions. lie thought that the interests of his constituents re quired him to oppose all agitation of this subject, and he still occupied his fir ;t ground that this Le gislature ought to leave this question and proceed to the transaction of the people s business. Tho amendment did not prevail. Mr. M:!!er hero moved to pjjtpsne the whole matter indefinitely. Mr. Rayi.cr said ho was opposed to indefinite postponement, lie thought that, as the Ilesolu tions had been partially acted on. thcUouse ought to consider and express smne opinion in regard to the q',:s:io:i. Ho did not believe th .. t both sides of the House would agree on the Resolu tions, but that iii'y ir. ht on some omendment. He could see no reason for introducing this ques tion so as to bring about a d scussion that would arou-e all the feelings of party. Doth parties he thought, might aree on the first piopositioti of the gentleman from Orange, ( Tins proposition was the Missouri compromise.) and he was, there fore, in favor of considering the Resolutions, and would vote against postponement Mr. Dobbin said he did not rise to discuss the merits of the Resolutions before the House, lie approved some of the remarks of the'gentleman from Hertford, that the matter ought to be dis cussed without parly feelings. But why, (said Mr. D ) should Mr. Polk's conduct be attached to the Resolutions? They contained principles dear to every Southern heart; and wny encumber them with such a proposition as that of the gentleman from Orange "t borne of us on this side of the House iconimued Mr. I)) voted at first for the position because it approved of the conduct of the President, hut on rellection we thought it best to disencumber the Repolutions of any other matter. He, tor one, was opposed to stirring up party feel inga tie uiu not desire the demon ol party o enter these halls he would be an unwelcome visiter. But as the Resolutions had been intro duced, he was opposed to postponement, and to do so, he thought, would be virtually to vote a gainst the principles of the Resolutions. He was willing to put a stop to debate, and thus meet the wishes of the gentleman from Beaufort. Mk. Stanly said the gentleman from Cumber land was for laving aside party but seemed to forget that the Resolutions brought up party feel ings and consideration?. Where, asked iIr. S. had they their origin ? They sprung from South Carolina they were a copy of Mr. Calhoun's Resolutions they were Locofoco Resolutions (not meaning by this, to call my friends over the way by hard names ) The very source of the Resolutions excited party feelings. 'Twas the hand of Esau against Jacob and party feeling would be aroused and the bitterness of party would ihow itself. When these Resolutions were introduced, the chuckling of the Members on tiie other side of the House was very apparent thy were pleased to see the Whigs st.-t at logger-heads and smiled to see a trap, as they thought, placed to catch the foot of one of our Senators in. And even the gentleman from Cumberland chuckled, and smil ed and showed signs of pleasure at the state of things in which the Whigs would be placed. What, asked Mr. S is to, or can, come from the consideration of Ihe Resolutions 7 Nothing but mischief waste of time and neglect of public j business. And does not the gentleman from I Cum'.)'rland see that lh'se thing will be ? Al- ready h.ive we had the conduct of Mr. Polk, the I Constitution -.he past action of the Government ! and iho Wilnmt Proviso brought before the ; House. Can ihee things be and party feelings remain unexciltd ; He had loreborne to discuss j these Resolutions, and""would again appeal to the House to quit this business and take up the con sideration ot matters which they were sent here to transact. He was not like some of the members of the House, afraid of the influence and action of the Northern people. Ho knewthem he had been among them and believed that they were devo ted to the Union of the States. And he desired that North Carolina should not take a position Dy me siue or aouth Carolina on this ouestion. Rather, said Mr. S. let her stand as a barrier to the foolish excitement ever r lised by South Caro lina in the bouth, anj the waves of fanctacism pushed from the Norih by Jno. Van Buren and 1 n;s roacjulors. Mr. Dobbin said he would say only a few words. The gentleman from Beaufort had said that i lie Resolutions would assume a partv char acter and that the Wilmot Proviso would come up&c. But why should this be? He thouaht this a question on which all of the South should be unitedthat it should neither belonrr to the wings or Democrats that it was not a Whig question, nor a J)emocraiic question. Why should uoi coin parties of the South, on this question meet the iNorth. in one solid phalanx shoulder to shoulder? He did not think it necessary to make this a party matter, nor did he believe it iyould.be done, unless by the- introduction of a-1 mendrnentslo make party traps. But the' gentle man from Beaufort says these Resolutions are Calhoun's fiicofoco Resolutions. Well admit that they were originated by a Lccofoco.they weie introduced here by a Whig and it would seem from this that they had not assumed a party char acter. The gentleman from Beaufort had spoken of the! chuckling produced by the introduction of the Resolutions, and said that (Mr. D.'s) side of the House was pleased with the djscord and division they caused in the Whig ranks. For any disunion that might prevail among the friends of thelgentleman from Beaufort, his side of the Housed was not responsible. And as to any cen sure implied in the Resolutions against Mr- Bad ger, for it was to him that allusion had been made thalj if his object was to reach that Honorable gentleman he would do it by no indirect means. He would favor no such thing. He thought the positioh of Mr. B. a wrong one : and if the Re solutions contained right principles, ought he to desist from advocating them, because Mr. B. dif fered in his notions from him in regard to this subject " Fiat J'aslilia ruat cerium" He would vote fyr the passage of the Resolutions because they contained principles in the truth of which he sincerely believed, and not because they im plied a censure against Mr. Badger. IPs fame, he did 'not suppose, would perish, because these Resolutions implied censure. He hoped tney wotildjpass and that the House would proceed with the public business. Mr.wMfcBANE said he approved of some of ihe remarks of the gentlemen from Cumberland, and that he was opposed to this matter's becoming a party question; he had only to refer to the propo sition introduced by him. lie handed out the OI-ive-brajirh he had offered a proposition on which all could stand he had presented a compromise He asjmuch as any member in the House was op posed 'jo party excitement he was no man to stand fire. But (said Mr. M.) when the compro mise w is rejected, I thought U right to introduce i 1 ho second proposition that was presented. And j this h.is been styled a party trap! Wrnt, have ! we no! right to pass upon the official conduct of I Jas. I. Polk? have we no right to obtain the sense of this House 0:1 the past action of the General Government 1 The Ollive branch had been spurned the compromise was rejected by the friends of Mr. Polk, and he would never have introduced last proposition if this had not been the cafe- And then the gentlemen from Cum berland, gets up here and makes a compromise speech, alter voting against the compromise. Mr. Jonts of Orange said that it was the first time that he had ever heard that the Missouri Compromise was just : and when he voted against striking out, he voted against justice of the Compromise. He was willing to abide by the compromise, but not to admit that it was right. It was, continued Mr. J. brought for ward, by the distinguished man of Kentucky, as an Olive-branch, but no one from the South, at that time, thought that it was just. This' was the first time he had heard that it was just. He had intended saying nothing about the Resolutions, but when he heard these taunts about rejection of Olive-branch and compromise, he thought pro per to explain his vote. The question was then taken on indefinite post ponement, and the House refused to postpone iFROCttEDIltfOS OF OURf STATE LEGISLATURE. Tuesday, Dec 19. SENATE. Mi-. Shepard presented the memorial of William 1 .i . 1- . t : , c Glover and others, in reference to the navigation of the waters of the Albermarle where Fisheries are situated. Referred to the Committee on the J udi ciarjf. M'r. Patterson, from the Committee on Internal Improvements to whom wa3 referred a resolution proposing a surrender of the Clubfoot and Harlows Creel: canal, reported adversely theron, and asked to b discharged from the further consideration of the subject. Concurred in. Mir. Shepard, from the select Committee to whom was referred the Message of the Governor relative to the extension of the Italeigh and Gaston Rail road; to Charlotte, reported a bill to incorporate the Norjh Carolina Railroad company, and for other purposes. Laid upou the table aud ordered to be priujed. Mr. Patterson, from tbe Joint Select Committee on Cherokee Lands, to whom was referred several petitions from Rutherford and Burke, and so much of tiife Governors Message as relates to those Lands, made aletailed report, accompanied by a bill for the relief of the purchasers of Cherokee Lands; which passpd its 1st reading, and was laid on tbe table and ordered 'to be printed, with the accompanying re port Air. Thompson of Wake, presented a resolution in fdvor of R- W. Haywood, which was referred to the committee on claims. Mr. Speight presented a Preamble nnd resolution instuctjng the committee on the Library to inquire iuto;the expediency of providing for a New Map of the State. Adopted. ;l Mr. Rogers presented a Preamble and resolutions, requesting information of the Governor in relation to tile interest of the State in, and its liabilities for, Railroad Companies, Sec. Seme discussion ensued upou this proposition, be tween Messrs, Gilmer, Conner, Shepard, and Thom- as, qi iaviusou. c uiu noi unuersiana any:oi me Gaqtlemen as objecting to the intention of the mov er to obtain information but some were of opiniou thatj mojst of tne information sought by the resolu tion hajd alraady been communicated iu the Govern ors iMcSsage, Trcsurers Report, &.c. and did not wis& to j impose upou the Governor the burden of compiling over again, that which a Committee, or Clefk might do. Some of the information was:refer redUo, ):ead, &c. !i lne question on their adoption was taken by Yeas and Nays, aud decided in the affirmative Yeis 2& : Noes 19. !' ' Mr. Miller introduced a hill to anthorlsethe erec tion, of a Male and Female Academy, iu or near Shel by,iin Cleveland County ; passed its first reading. .lr. jSmith, a bill to confer upon Courts (Jertain powersjover imprisoued LuBatics ; referred to Com mitiee 0n the J udiciary. ' ii '. Mr. Shepard, u bill to incorporate the Trustees of reiquinans Academy ; referred to Committee or Education. Also a bill to extend the duration; of a charte? to build a bridge over Pasquotank rifer, ; refirreil to Committee on Internal Improvements. Mr. Bower moved tbe reconsideration of the vote by kvMch the bill to clear out and improve Lumber rivfr,was rejected ; which obtained, and, on motion of Mr -Rowland, the bill was recommitted -to the Committee on Internal Improvements. : i Mr.fThomas, of Davidson, moved that a ntesage be eot to the House, proposing to vote immediate ly for tTnited States Senator. ; ; Mr.-Jlogers moved to amend the motion by sub sttatinjr to-morrow at 12 o'clock. ;M Mr.rThomas, of Haywood, moved an adjournment, which Sdid not prevail. I Tbequcstion was then taken on the amendment, by ayes and noes as follows : Yeas 24 ; Nays' 23. '. The motion ns amended was then adopted. j Thai Chair announced a message from theHoase of Commons transmitting the Report of the Attorney General upon the claim of the-devisers of Cat heart, witii jai proposition to print. Concurred in. ; j Arid, thon the Senate adjourned. j i I ' Vi HOUSE OF COMMONS. ; Mf.Ferebee from the committee appointed to wait on his Excellency Cbas. Manly, reported that they had discharged their duty, and that it was the pleas ure of the Governor elect to meet the two Houses on the tst day of January. Mr Dancy from the committee on Private; bills repotted favorably to the bill to incorporate Union Chapter No! 17 in the County of Duplin.. Passed 1 2d reading. f 1 Also, favorably to the bill to empower the Justi ces of the Peace to sell the Poor House in said Coun ty. Passed 2d reading. Also favorably to the bill to alter the time of hold ing tbe Court of Pleas and Quarter Sessions in the Cotrnty of Lincoln. Mr. Reinhardt moved to extend the provision? of the bill to Catawba County.. Carried. The bill, as amended, passed 2d reading. Also, favorably to the bill to amend nn net in re lation to fishing in Roanoke -c. "Mr. Hackney mo ved to lay the bill on the table. Carried. Mr. Hicks, from the Select Committee to whom was referred theesolution in favor of the growers of Irish Potatoes, reported back to the House the re solution, and recommended that it do not pass. On motion of Mr. Brogden the resolution was laid on the table. Mr. McMullen from the committee to whom was referred the bill to incorporate tbe Milton Savings Bank, reported the same back to the House and re commended its passage. Mr. Satterthwuite moved to lay the bill on the ta ble. Carried. Mr. R.ayner, from the Select Committee to whom was referred the expediency of enclosing the Public lots and repairing the Governor's House, reported a resolution on the subject. Mr. Ballard introduced a memorial in relation to ftshing in Albermarle Sound. Referredto Commit tee on Lay-days. Mr. Williamson introduced a resolution instruct ing the Committee cn Swamp Lands, to inquire into the propriety of grading certain lands. Adopted. Mr. Ferebee introduced a bill authorizing Wil liam R. Adams to cut a Canal and make a road in Pasquotank. Referred to Committee on Internal Improvements. Mr. Newsom introduced a bill to incorporate a Volunteer Company in the County of Wake. Re ferred to Committee on Military affairs. Mr. Coffield moved to take up the bill, just laid on the table, in relation to fishing iu Roanoke. Carried. Mr. Biggs then moved for its indefinite postpone ment. On this question there sprung up a debate, between Messrs. T. J. Person, Biggs, Sutterthwaite, McCleese. Hayman, and Paine. Mr. Biggs withdrew his motion for postponement, and moved to lay on the table. Carried. Mr. Coleman introduced a bill to amend an net to lay off a road from Ashville in the County of Bun combe, to Burusville in the County of Yaucy. Re ferred to the Committee on Private bills. Mr Stanly offered a resolution instructing the Speaker of the House of Commons to inform Mr. J. W. Ellis of his election as Judge of the Superior Court, and inquire of him whether he accepts of the appointment. Mr. Courts opposed the resolution in a very ani mated speech. Mr. Stanly replied in equally as an imated a style, nnd in a verj' forcible mauuer. Be fore Mr. Stanly had concluded, tbe Speaker announ ced the arrival of the hour for taking up the orders of the day the bill to increase the Revenue of the State, and the bill providing for an Insane Asylem. On motion of Mr. Caldwell, of Guilford, the Rev enue bill was laid on the table. Mr. Mebane moved to lay the Bill for Insane As ylum on tbe table. Lost. Mr. Steele offered an amendment to 5th Sect, of the bill, which was rejected. Mr. Stanly offered an amendment to the 1st Sect, by inserting the names ,pf the Commissioners. Adop-. ted. Mr. Wadsworth introduced an amendment to strike out Raleigh and insert after "and situated" "at such place as shall hereafter be designated by a Bupplimental act' Adopted. Mr Stanly introduced an amendment to 2d Sect, to strike ont " or unhewn stone." Adopted. Mr. Kelly moved to strike out 5th Sect. Mr. Hicks moved an amendment to come in after 5th Sect, provided the cost of said Building shall not exceed 30.000. Rejected. The question was then taken on Mr. Kelly's mo tion to strike out and prevailed. Mr. T. R. Caldwell moved to lay the bill on the table. Carried. Then on motion of Mr. Spivey the House adjourn ed. Wednesday, Dec. 20. SENATE. Mr. Thompson, of Wake, presented a petition in reference to forbidding the retailing of Ardent Spir its within three miles of Wake Forest College. Referred to the Committee on Propositions and Grievances. Mr. Walker, from the Committee on Propositions and Grievances, to whom was referred the bill to. amend the existing laws relative to the inspection of Turpentine, reported the same, with amendment, Lies over. Mr. Thompson, of Bertie, front the committee ap pointed to wait upon the Governor elect, reported that Governor Manly would be Tead.y to sppe.ir De- fore both Houses of the L.egislature,4and take the J oatns ot omce, on the 1st ot January next. Mr. Speight presented a resolution of enquiry in relation to Deeds of Trust, &c. which passed its first reaping. Mr. Moye presented a bill to incorporate Tossnot Depot and Hickory Grove, in Edgecombe, into a Town by the name of Wilson passed 1st reading Mr. Drake, a bill to increase the compensation of the Chairman of the Board of superintendants of Common Schools. Referred to Committee en Edu cation. Mr. Shepard, a bill to incorporate Accora Lodge No. 14. I. O. O. F. in Elizabeth City : passed first reading. Mr. Spicer, a bill to revive an act passed in 1842, entitled an act to incorporate a town at the County seat of Onslow, by the name of Jacksonville. Pas sed its first reading. Tbe Chair announced a message from the House agreeing to the proposition of tbe Senate to vote for United States Senator to-day at 12 o'clock. The engrossed bill to incorporate a Female Col lege in the County of Anson, was read the first time and passed. The engrossed resolutions in favor of M. O. Dick erson, of Rutherford; and for the relief of Pender Griffin, passed their first reading. The Chair announced a message from the Gov ernor transmitting a communication in relation, to procuring and preserving Colonial Documents in England, which, on motion of Mr. Washington, was referred to a Select Committee. The following bills passed their 3d reading: To incorporate Lumberton Academy ; To repeal and act concerning the Wardens of the Poor in the County of Lincoln ; The following passed their sec ond reading; 1 o incorporate the trustees of For estville Female Academy ; To authorize the erec tion of a Male and Female Academy at or near the Town of Shelby, in Cleveland County ; Resolution in relation to a day of thanksgiving. On motion of Mr. Woodfin the bill to lay off and establish a Turnpike road from Salisbury West, was made tne order of the day for to-morrow. Tbe Select Committee on the Governor's Message in relation to the Colonial history of the State, are, Messrs. fcuepard, Ashe, tialsey, Graham, and Beth el. Mr. Woodfin introduced a resolution authorising the Doorkeepers to purchase Chairs for the Com mittee Rooms. Read three times by general con sent and passed. Mr. Thomas, of Haywood, presented a petition of citizens ol Cherokee County in relation to Cherokee Indians; Also, of citizens of Haywood, aud Macon bounties, prayine for a new County : Also of citi zens of Haywood County praying for a burial ground on the public lands ; which were referred to the Committee on Propositions and Grievances. Mr. Woodfin, from tbe Committee on the Judici ary, to whom- was referred the bill to authorise 1 further taxation on suits at law, reported tbe same without amendment, and the bill passed its second reading. On motion of Mr. Shepard the Senate, took op the bill to amend the 15th Section of the 102d Chapter 01 me nevisea. ooae, in relation to the collection and management of the Revenue of the State. The hour of 12 having arrived, the Senate pro ceeded to me order or the day, and voted for U. S senator as follows: Badger 24; Clingmanl4; seat tering 12. t t Mr. Thomas, of Davidson, . from tbe Committee appointed to superiwtenct election of Unite 1 States Senator; reported the wnole number of yf, v.K..L,eaKe n.uwards7; f isher 5; McKay 3 and Messrs.' Rayner, Baskerville, Dobbin. Swain 1 each. No election, 83 being a majority. 1 Mr. TLomas, of Davidson, then moved that a roes sage be sent to the House, proposing to vote again for Senator; which was carried, Ayes 25, Nav W The House concurred, and informed the Senat that the Hon. D. L. Swain was in nomination. The Senate then voted as follows: Badger 24 Clingm.in 16 ; Scattering 10. e ' Mr. Thomas, of Haywood, moved an adjournment Negative, Yeas IS , Nays 31. J ment' Mr. Lillington, from the Committee appointed to superintend the election, reported as follows: whole number 1GG. of which Mr. Badeer had 75- Clin man 55; Leake 10 ; Swain 9; Edwards 7 ' Fisher 4 ; McKay 4 ; Shepard 1. No election, 84 beine a majority. 1 A message was received from the Honse, propos ing to vote again for Senator. Concurred in. The Senate then voted as follows : Badger 1 Clingman 20 ; Scattering 9. One absent. Mr. Reich' The Senate soon after adjourned. ' HOUSE OF COMMONS; Mr. Gambill, of Wilkes, introduced Art amend an Act, entitled nn Act to incorporate the i.wiv. ncie iv me uoninjittee on Private Bills. Mr. Satterthwaite introduced a bill concern rj,a lanx Lodge. Referred to the Committee on Private Bills. Mr. B iggs moved that a message be sent to the Seriate proposing the appointment of a Joint Select Committee, to take into consideration the propriety of altering the time for holding the Gubernatorial Election. Carried. Mr. Hicks introduced an amendment to the 1st section, C4th Chap. Rev. Stat. Referred to Judi ciary Committee, A messge was received from the Senate, propns ing that the two Houses adjourn si;ie iie, on the -2ud January. Laid on the table. Mr. Newsom introduced a Resolution in favor of Hall and Kincey. Referred to Committee on claims. Mr. Williamson presented a bill, appropriating 31500. for the purpose " of clearing out certain. Swampsjn Columbus County. Referred to Com mittee onlnternal Improvement. Mr. Green, of Granville, presented a resolution for inquiring into the expediency of so amending the Law, as to prevent House-breaking in the d.iy time. Referred to Judiciary Committee Mr. Stanly moved that the Resolution introduce ! by him, on yesterday, relative to the right of Mr. Ellis, the lute Member from Rowan, to retain Lii -seat, be now taken up. . Carried. Mr. Stanly being entitled to the floor, remarked that he had no desire to procrastinate the discussion, and that unless other remarks were made of a na ture calculated to call him out, he should forbear from further paticipation therein. Mr. Courts said that in all his experience, he haj never before met with such a movement as the one pow made by the gentleman from Beaufort. Hs (Mr. S.) had ransacked mustyitomes without num ber, in order to find what he deemed a parallell ; he had adverted to the resignations, in former times, of sundry gentlemen, and cited them as precedents. But, sir, 1 join issue with him there. These resig- -nations were made by the mere prompting of gentle men themselves, and if he would establish his pre cedent, he must point to some Legislative action up on the subject. This he has not done in my judg ment, he cannot do. Now, sir, if I mistake not, the Constitution of the'State says that the terms of offi cers, who have been previously elected, do not expire until after the adjournment of the next Legislature. Why does it not say immediately after the election of their successors! Because, it contemplates the probable contingencycthat the person so elected may be a member of one of its branches. To bring the -case immediately home, did not the gentleman him self, when elected two years since to the Office of Attorney General, retain not a mere, common sent upVra this floor but the Speakership of this body for nearly orquite a fortnight after his election? Why did he not resign directly ? If he has th right to retain his seat two days, he has the sams right to do so for two months. When the proper time arrives, Mr. Ellis, like Mr. Stanly, will vacate his seat, i The gentleman has likewise seen proper to lecture this side of the House for the defeat of J udge Bat tle. We did it not; he should have lectured his own friends. . J, although I entertain no less admiration than the gentleman himself, for Judge Battle's ster ling integrity and intellectual worth, voted for Judge Strange, a victim of the ruthlessly proscriptive Le gislature of 1846 a victim for no other crime than the sin of Democracy. I am convinced, however, sir, that my constituents will receive with pleasure the elevation to the Supreme Court bench of J uJgo Pearson. I have been advised, sir, to amend the resolutiou under consideration, so As to include within lits reach other gentlemen who are in situations simi lar to that of Mr. Ellis. But, desiring to see this. as it stauds, defeated, I shall forbear doing so. Mr Stanlv. I su'l "C-nbtless be excused for again troubling the House, after the very witty remark of the gentleman from Rockingham Onethingsir. however, despite the fluent humor of the Gentleman, is very manifest ; this load is much too great for him to bear, and though he speaks so earnestly as a par-' tisan, for his late fellow-member upon this floor, it plainly hurts bis sensibilities as avian. If as the gentleman says, there be no precedent bearingdi- rectly on this case, it 13 for the reason that we have no precedent of a Judge's holding a seat in the Leg islature of the State. Entertaining the conviction that such a course of conduct is derogatory to my ideas of judicial propriety, I have offered this reso lution; I desire to see the ermine uncontaminated by the wranglings of political warfare. The gentle man further contends that the resignations to wnicn I have alluded were made merely by the promptings of propriety upon the part of those who tenderel them. I can only wish that our modern folic enter tained the same nice ideas of delicacy. I hope that this is the first and last case where their suggestion will be needed. 1 insist, that we have precedent for this course. In addition to any that I may have cited, I woul l call your attention to one or two others. Hon. M. Saunder3 (perhaps, he is known to the other siae of the House) was appointed a Commissioner under Treaty with some foreign Country France or Spam ; resolutions were passed and he was compell ed to resign. Let us. se, too, what the record says about Judge Strange that individual for whom the gentleman voted, and whom I esteem equally with himself, as a man of honor and of high moral excel lence. Pic was elected a Judge on the 9th of Jan-. uary, 1S27 considered the matter one night .m l tendered his resignation on the 10th. The body of which he was a member, actuated, doubtless, by th 0 desire to retain, as lng as possible, so estimable a person among themselves, refused its acceptance ; but, that vote was subsequently reconsidered, and on the 11th, his resignation was formally allowed. Are not these cases in point ? the one of legis lative action on the premises the other of that sense of propriety which is so much to he commend ed? Are these musty have they grown so since 1S27 1 . The gentleman has thought proper to comment upon the course pursued by myself, when elected to the Office of Attorney General. Now, albeit the Member from Rockingham is a most desirable np pendage to our House being, as he is, our YoncK. most courteous and affable the miserable system 01 Of caucusing, in which he has participated so large ly, has entirely obliterated from memory his law reading and perverted his notions of things, a Judge is apt to be called on at any and all times he may be required to issue writs, bench-warrants, certioraris, &-c. The Attorney General has, of course, no such un ties to perform. When, therefore, I had the honoi to be thus chosen, feeling some delicacy about tin matter, I consulted many of my friends. Upon '. advice, sanctioned by my own sense of what was rig y I resigned at tbe time when my services were need ed the opening of the session of the Supreme Court 1 not only did tluit, but so arranged the matter Pr viously, as to provide that an election to supply t vacancy should be, immediately held, An order t my constituency should not go for any kpgth ot tin.