Newspapers / Southern Weekly Post (Raleigh, … / Nov. 25, 1854, edition 1 / Page 1
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it i .WILLIAM' D. COOKE, f A FAMILY NEWSPAPER NEUTRAL IN POLITICS. TERMS, TWO DOIURS PER AS CM 'EDITOR & PROPRIETOR. Bciwictr to all ti)e 3n tmsta of i)e Smtflj, Citcrato, true fittou, multure, 3triis, tfe ittarfetts, &c. r 1 vol in no. :a. 7 1 1! RALEIGH, NORTH CAROLINA, SATURDAY, NOVEMBER 25, 1854. WHOLE NO. 156 if MESSAGE Of His Excellency, GOV. EEID, to the Leg islature cf North Carolina. T" (!''' Il'innrnhhi (,' u' rat Axxi wlihj oflht Sule e.fSorlh Carolina': In communicating my regular Message to the Ieneral Assembly, a fit ftccasion is presented for ;ijratolnt!i2 its members uj Vmi the blessings yuhich -a kind Providence has bestowed upon the people of tin: State, and especially iijinn their ex emption,, to a considerable extent, from the dis-: eases and calamities which have Aisitod other States ami X at ions, with Mich sad hud devasta-' tin; c'iii;-;ejuence. 'It is also a subject of con- jr'rntiilat-ion '"tliat ' the -spirit of progress and' it..-'ovei!M'nt.,' wjiich, at present, animates our j ;!.. W presents bright prospect fur the destiny of .a:'- beloved State. .VrieuHure, in North Carolina, has undergone it:: haportavit improvement, which has increased the reward of-the husVsanilnian, and imparted an. .additional- interest to this great pur.-uit ; the atnoiint oferinie roininitfed. it is . elieeil, will compare favorably with that of any other State; the laws haVe been executed as faithfully, and , justice administered as impartially as in any other country; 'the- faith, of the tate has been scrupu lously presf.1 ved, :'.nd her credit stands desenedly liigh, .both at home and abroad. Improvements are .being extended to afford the Fanner and Me - chanic ;t -cheap and expeditions mode of trans portal ion fir the .sun. his products of their labor, and for the su-oi.lies ! hcv are to recei o in return; a. I niversitv, of the rhest rank. l Ijv num- 1 erous ( dleges and Academic Iih order; .and a .system oft o)nmon Schools, which will soon be second to that of no other State, are rapidly .extending -the facilities of mental inipr ivemenl to every class of our .citizens : the t leoloieal exam inations are almost daily disclosing valuable ad ditions to the inexhaustible mineral wealth of the State; and, added, to-all thc.-e, we have a popu lation tlj'at is unsurpassed in the essential ele ments of true gn-atness. Cm. notwithstanding: this gratifying' condition. f things, there are many subjects intimate) v eonnected with the welfare and prosperity of the i-e.i .ft I ic State, which require the 'action el the t.eneral Assem bly. : ' . I a a government like ours. v. here the voiee-Aof the people, to a great extent, controls, public measures, Education is hot niy a subject .'.in w hich every good i iti.e:i feels "a deep interest. bHt it beoomes.oiie of irr.eai public importance; and demn;e!.s the f tiering t-.-.y of the State; Hence' that clause iu'theH VnstiUition which de- Clares-- That a school or dio!s shall st;il.Iished bv the Legislature, d'or therotuwiient instruction of votuh, w ith such salaries to the masters, jiaid bv'tlie public, as may enable them to instruct at low prices; and all uxdid loarninir shall be duly encouraged -and promoted in one or more I niver sitios." The I'liiversity .f the ."State is in successful -operation, sustaining the high 'reputation it has long and deservedly .enjoyed : and. at each Com ' nieneenient, sends forth a number of graduate to engage- in the arious pursuits of life. Thisin-sti-tutio'n. is every year cln.-ating. gratuitously, no inconsiderable-number -f meritorious young gen tlemen, :w ho have not "the menus for that purpose., ft would be difficult to estimate the : beneficial inlhiences the University has exerted, in North (.,aroIin;i. and in other States of" the bijiion. Our ronimyli Schools have been ! operation 'but i'or.'vi iinparativei !v short tie riml-. and are rogressing as well, perti.aps, ns we nave a rignr to expect, when we consider the many jlitticuli:es that have to he encountered in the commence-' inent.of such a system. -There are dovititless still maii.v-defects in the niafiagementofth-e.se Schools, Avhich jime and experience will enable us to cor rect. ' The .system, howeVer, is doiiig in'-alcula-lile good, and its bene-.'icial iritiuencc ill he more "strikingly obius to tlie generation v. Iiicli siic cet'ds us. . There is no subject mjore worthy of favorable consideration" than Coihiion Schotds. The greatness .of a State depends upon her peo ple, in a few years. -th-'so w i:o nw direct -uh-lic iidaifs wil';v'ass"'from the stage' -" action, and the wtliareand destiny id" the St a eland lie-Ke-public will be committed to the charge of a new generation, li'that generation shalH-e fbuntlj'.vna tiiig in wis- dom and irtue. whai is to be tlielate of the nviaiu m.-nts . f greatnos ereciedby its) an eeso.rs ''The education i f the i!i:ics of the he j.eo-'. )iertonn- ide is the bestsecuritv 1 .r the riuht ,anl uf p'ropert v-: ami. in a free government, where. intcHiirence and irtne ;ne the true passports to iame aiul disini'-tion. if pla-.-es tu and uistni'-tion. if pia-.-es tue p r and nh md pow P'erp'et'v retire tipoietm epuahiy .with toe rich erful, and will ju-ove the be-t means uating the blessings ! liberty . ;-: loring the last yei.ir. there was distributed, from the biteiarv Fiimi. for t 'oimii'-.n Schools, in the various counties o! the State, the sum of one hundred and twenty-eight thousandeno hundred and two dollars, fourteen cents. iSl-JS,H-2 ll ; ami. duriiiir the present ear. tlie .-uni of one hu'udred and etgnt y ' thousand eight ruindred md "iifty dollars, eight cents, distributed for the same oh; 'that nearly the same amount b taxation, in tiie counties, (. !,)( I I !, has lieeii -. It is believed has I ,c.eu collected . for the support of - Common Scho-ds. ' The 'report, of the . ( ieneral Suporintemlent. of Common Schools, for the past car. gives an ac fount. 'in detail, of'the labors ;i,d- ob-era'.ions f that oiuecr-. . It states many gratifying facts, and p.resen.ts'various suggestion.- in regard to the im provement of 'i fie schools. It iH herewith trans nutted.. His report fbr the present year will be communicated in due. time. i It et-esira,1 b!e that v!;e orimtioal of the l.itera- rv Finn! should he ;iii-rcas(-d. to t i-nna uei, 1 1 s;c- euro a 'larger distribution i ir Un siipoort ot t oin- im.m Sch- ids. . T he Swaiiip bands are an urn-onum source of inc. .me: and their siu-ce-Mul iu;nagJ!ueut re- " t juires-a decree -f persoiuii a; tent ion . i ii.u it would. be extreimdv inconvenient p. tii-' l.;eeut've to bestow. The tit les of large trm-.- of die lami arv j' in (lUiiiiip. and it is 1-cm-ved. that tve-oasses, nui- I teviallv impairing their value. iiac bi n conmiit- . ted on 'them. "for vears. AVhtiu'ouiis I are instrui't-: ed .to b.r i leg su its, a difficulty arises in procuring the informat'n-,1) necessary to t!ii.-ir successhil pros-, ecution. Tlie lands, in many instances, are i:iacr cessihle, excejtt to persons who have experience in theirexplorati-iji. Further legislation is ncees.-ary -'to protect the i-uldie interest in-these lands. It is betk'ved that public policy demands that provis- . ion should be made tor the appointment of an ef ficient Agent, to-be paid a reasonable salary, whose duty it should be. un lerthe instructii ns of - tlie Literary Hoard, to procure facts to enable the Hoard to pTo.teet its interest in tlie Swamp Lands. The Institution for the educati n of the Peaf and lUmih and lJIitid, is in successful operation 'and affords great facilities for imparting it-struc-tionto these unfortunate classes of our l'opuhuiun, who by the knowledge they receive are jirepared to become" intelligent and useful members ot'soci-. ety. The institution is under the management of a Board of I directors who' perform a good deal of labor without receiving any compensation. I respectfully recommend that provision be made to pay the inemlers of Hoard, a reasonable sum ' for their 'services, and that the Executive or some other State officer, be associated with the Bard in the .management of tlie Institution. The President and Directors of the Literary Fund will, in due-time, submit a Report, showing the condition of the Fund, and the proceedings of the Hoard in relation to other subjects committed to thejr management. Under the existing provisions of the Constitu tion of this State, a freehold of fifty acres of land is one of the indispensable qualifications required of a voter for a Senator of the General Assembly. , This requirement is unjust, and ought to be re moved. The question of Free Suffrage has been so much discussed, and its importance has become so well 'understood, that it does not . require a lengthy discussion on this occasion. The propo sition that no man ought to vote for a Represen tative in one branch of the Legislature, without he owns fifty acres of land, is so palpably wrong, that the time will come when the fact that it ever had a place in the Constitution, will be regarded with profound astonishment. No system of free government can be based upon the supposition that the people are politically corrupt, and inca pable of exercising the right of suffrage. This feature of the Constitution disfranchises, in one branch of the Legislature, at least fifty thousand of the free white men of the State. These men are as read7 as any portion of o;:r pop ulation, to contribute their means for the support of government, and to sacrifice their lives in de fence of the honor and liberty of their country. They constitute an intelligent, industrious, and meritorious part of our citizens, and mav safely be entrusted with political equality. Tle larger number of them are possessed of estates of more value than the ordinary freehold of fifty acres of ' land, and are engaged in the various honorable pursuits of life. Every candid mind must admit that fifty acres of laud does not endow its owner with knowledge, nor does it impart to him virtue or patriotism, when he goes to the ballot-box. Free Suffrage will not deprive the land-holder " of any right he now enjoys, but it will give the non-landholder a great privilege, which is now unjustly withheld from him. The people at their elections, have repeatedly declared, by large ma jorities, in favor of this question of Constitut ional reform, and they are in favor of effecting it by the Legislative mode. Tlie Constitution prescribes two modes for future amendments : One is by "a three-fifths and a two-thirds vote of each House -of two consecutive Legislatures, and subsequent ratification by the voters of'the State; the other is by a Convention authorized to be called by a two-thirds vote of each branch of tlie Legislature. The former mode is preferable for obtaining Free , Suffrage, because it is safe, economical, and prac ticable, while the latter is the very reverse. The Constitution requires amendments by tlie Legis lature, to be submitted to the voters of the State for ratification ; but there is no such injunction imposed in regard to amendments by a Conven tion. I earnestly recommend that an amendment to L the Constitution, giving every qualified voter for the Commons the right also to vote for Senator, he pasted by the requisite majorities of the two Houses of the Geueral Assembly, to be submitted in conformity to the requirements of the Consti tution, to the action of the next General Assem bly, and subsequently to the people of the State fur ratification. The justice of Free Suffrage is so manifest, that evenjamong freeholders themselves, there is an overwhelming majority who are in favor of its adoption. The elective franchise is the dearest right of an American citizen, and it is the exer cise of this invaluable privilege, that distinguishes free governments from despotisms. It is Imped the odious distinction between voters will be. erased from our Constitution, and that we shall, in fact, become a people of "equal rightsaud equal privileges." The opinions I have heretofore expressed, in opposition to altering the basis of representation, remain unchanged. The election of Judges and Justices of the Peace by the people, and for terms lessjhan for life, are also questions of reform, which' I recommend to the favorable consideration of the- General As sembly. Agricultue is the great interest- of the State,-' and upon its success depends the prosperity of a'll other industrial pursuits. This important inter est lias been too much neglected. The Agricul tural survey of the State will no doubt be attend ed with highly beneficial results. The same may be said of the act passed by the last Legislature to encourage Agriculture, Domestic Manufac tures, and. the Mechanic . Arts. It is the para--mountdufy of every well .regulated govermemit, "to extend due encouragement to those engaged in the cultivation of the soil. There is no pursuit .more honorable or better calculated to promote the happiness of man, and none more important 'to the preservation of republican institutions. A ' new impulse has been given to this branch of in dustry, that is perceptible in every part of the - State. The tide of emigration which has hitherto drained North Carolina of her wealth and popu lation, has already been stayed, and the enter prise and capital of other portions ofthe country are now attracted within her limits, affording ev idences of prosperity, and contributing towards her advancement to the high position she is des tined to occupy. intimately connected with the prosperity 'of Agriculture Manufacturing, and Mining, stands the subject of Internal Improvements. C 'inmerce in thisage is an essential element,, without which the great industrial pursuitsmust languish. That which is comparatively valueless in one part of the world, often becomes a vast mine of w ealth when conveyed to another. The value of com merce does not consist in the profitable exchange of commodities alone ; but it enables us also to avail ourselves of the improvements and knowl . edge of every- part of the globe. The geographi cal position as the State is suehJ4jathcr immense stores of wealth fcoald be of liWeStdvantage in the scale of commerce, were it not "for inland im improvement. To the full development of our re sources, there are presented many obstacles, - which appear almost insurmountable; yet Ave ought to remember that these are more than com pensated by the great advantages we enjoy. When we reflect that others have overei me great obstacles, there is no cause to despair. For when we consider health, comfort, salubrity of climate, and capacity tor Agriculture, Manufac turing, and Mining, X. Carolina is not surpassed by any State in the Union, A judicious system of Internal Improvements by the State has ever been regarded as a subject of great importance, and entitled to the favorable consideration ofthe General Assembly. The improvements already completed, as well as those in the course of con. struction, have been productive of very impor portant advantages : but they are still far from affording facilities adequate to the wants of the people. There was never a time when there ex isted a stronger necessity for self-reliance. The North during the last twenty five years, in the way of protection and other nnjust exactions, has extorted from North Carolina more money than would have been required to improve all pur riv ers and construct all our railroads. The farmers and other classes need cheap transportation and convenient markets where they-can carry their ' property with safety. They need commercial and manufacturing towns and cities at home, with shipping to do their own importing and ex. porting, without continuing longer to pay tribute to the North. Theyneed intercommuieation with in their own State, that they may understand and appreciate the wants of each other. These d sirable objects can be accomplished by inland improvements. They, however, are not the work of a dav, nor of a year, but time and a large expenditure "of money will be required for their completion. What can be done with safe ty ought to be done now, and the rest left to time. In embarking in Internal Improvements, a due regard should be had to the meansand resources of the State, as well as to the necessity and prac ticability; of the works themselves. "Wild and visionary schemes should be avoided, and the credit of the State should be inviolably maintain ed. The woris should at least promise advan tages to the people coresponding with the a mount. to be expended. Tlie particular objects of improvement which it is expedient prosecute at this time, is a question submitted to the pru- ; dence and discretion ofthe General Assembly, j Since the reorganization of the Raleigh and j Gaston Rail-road Company, the road under the j charge of that Company has been thoroughly re- ; paired, and the connecting link between that ' road and the Wilmington and Raleigh, and the j Seahcrd and Roanoke Railroads has been com- j pleted. Thi road affords increased facilities for transportation and travel to an important por tion of the State. It is represented to be in a very prosperous condition, and is now paying a very handsome dividend to the State. The Wilmington and Raleigh Railroad contin ues to afford great facilities to the public, and pays good dividends, which go to increase the income ofthe literary Fund.. This road too is represented as being in a very prosperous condi tion. The North Carolina Railroad is progressing with the usual expedition of such works, and a considerable portion of the road has been laid dowti. This important cnterpise when complet ed, promises great advantages to a large portion of the State. The Hoard of Internal Improvement have, from time to time, as it became necessary, order ed the Public Treasurer to .sell the Bonds ofthe State to pay her subscription to this Road. Up to this time, the sum of one million six hundred and thirty thousand dollars (Sl,f)oO,(MIO) of the bonds authorized by law to be issued for this pur pose have been sold by the PublicTreasurer. The State has realized no inconsiderable sum for pre mium obtained on these bonds, a fact affording the highest evidence of her credit and standing. The report ofthe President and Directors of this com pany will be communicated in due time. The Charter cf the North Carolina Railroad Company provides for the representation of the stock of the State in the meeting of the Stock holders, but does not point out the mode by which such representation shall be appointed. At the last session ofthe General Assembly, an Act was passed proposing certain amendments to the Charter, one of which authorized the Ex ecutive to make the appointment ; and with that proposition there was incorporated another which, in all probability, would have placed the State, which owns two-thirds of tho stock, in a minor ity in tlie meetings of the Stockholders. . This act was, in my opinion, very properly rejected by tlie individual Stockholders themselves. At each meeting 1 appointed arcpresentativeibr the State, but I am unofficially informed that such appoint ment has not been recognised as sufficient, and the consequence has been that the State lias been unrepresented in their meetings. The right of representation is provided for in the Charter, and its exercise does not depend upon the assent of the individual Stockholders. Therefore, to make this question perfectly clear, it is only necessary to provide, by law, the manner in which such representative shall be appointed. In all case where the State makes a subscrip tion to a corporation, she ought to retain the right to be represented in proportion to her stock. .The construction ofthe Willmington and Man chester 'Railroad has been prosecuted with much energy and enterprise, and the improvement is affording important advantages to a portion of the State. As far as I have been informed, the Company having this road in charge has not of ficially acted on the amendment proposed to its Charter by the last General Assembly. It is believed, however, that the amendment will not be accepted. The State's subscription to the Neuse Riyer Navigation Company has been paid. The report of the President and Directors in relation to the valuable improvement, under the Charge of that Company, is herewith transmitted. The subscription authorized by the Act of the last session ofthe Legislature to be made to the Cape Fear and Deep River Navigation Company has been paid upon a compliance with the condi tions prescribed. The improvement under the charge of this Company is a desirable object, and when completed will afford important commer cial advantages. The appropriation for the improvement of Tar River has been -.paid to the Commissioners ap pointed to superintend that work. It is believed that the appropriation will be found insufficient to complete this desirable improvement. The Fayetteville and Western Plank Road has been extended. This valuable improvement has paid good dividends and affords great facilities to thepublic. The report of the President and Directors of the Company having, that road in charge is herewith transmitted. The Western Turnpike has also been extend ed, and is a work affording great convenience to the portion id the State in which it is located. The stock of the McDowell and Yancy Turn pike has been subscribed, and a part of the State's .subscription has been paid. The Reports of the Cape Fear Na igation Com pany, and of the Western Plankroad Company are herewith transmitted. Also the report of the President of. the Petersburg, and of the Green ville and Roanoke Railroad Companies; and the Report of the President and Directors of the Roanoke Navigation Company. Agreeably to the provisions of the act passed at the last ses-sion of the (ieneral Assembly, to incorporate the Atlantic and North Carolina, and the North Carolina and Western Railroad Com panies, arrangements were made with the Presi dent and Directors of the North Carolina Rail road Company, for the survey of a Railroad route from Beaufort Harbor to Goldsboro, and also for the survey of a route from Salisbury to the Ten nessee line. In pursuance of these arrangements Col. Walter Gwynn was appointed chief engineer to superintend their execution. The surveys of both these important improvements have been made. The able Report of the survey of the eastern Route has been made- and is herewith transmitted. The report of the AVestern Route will be transmitted when finished. The attention of the General Assembly is res pectfully invited to the subject of common pub lic highways. Good roads are very important to every community. The present mode of asses sing the labor, to construct and repair the com mon highways, is unjust and unequal. The la bor performed is a tax. It frequently occurs un der the existing'liw, that persons possessed of large estates, contribute little or no labor in re pairing roads, while heavy exactions are made of others whose means are very limited. This is wrong. Persons ought to contribute in pro portion to the value of their estates. The amount of public debt, on the 31st of Oc tober, 1854. was S2,8Cd.'270 31. This does not include S250,0o0 ofthe Bonds of the Wilmington and Raleigh Railroad Company, which are en dorsed by the State, because the Company regu larly nieetts the interest, and from time to time is paying a portion of the principal of its debt. The Report of the Public Treasurer, showing the condition of the finances of the State, will,, in due time, be communicated, i The ro'port of the Comp-roller, for the fiseal year e iding October 31st, 1853, is herewith trans mitted. In regard to the revenue system, I repeat the I recommendation contained jn my message at the i commencement of the last session of the Gene ral Assembly. No more money should be col j lected from the people, than is necessary to de i fray the economical expenses of a good govern- ment. Taxation is indispensable ; but it is one ; of the first duties of the statesman to endeavor ! to equalize the burdens, as well as the benefits Of i the system. Of late years, the demands upon j the Treasury have increased, and our financial system has assumed a more important aspect. The tax for county purposes is collected entirely on land and polls; and the amount paid into the public treasury, tin these two items, is small, when compared with the tax paid for county pur poses. An examination into the existing reve? nue laws will show that they operate unequally. In many cases, the discrimination made betw een objects of taxation is strikingly unjust. As a general rule, it is believed, that the tax on the estate of each person should be in pro portion to its value, subject to such exceptions as circumstances and fundamental principles may justify. Inasmuch as property, on the one hand, ought not to be made thte test of public privilege, neither, on the other hand, ought the absence of property to exempt tho person from bearing a just share of the public burden. Therefore, a capitation tax is imposed. Slaves are regarded, to some extent, as both persons and property. The following wise provision of our State Constitution, which ought not to be depart ed from, defines the power of legislation on this subject: 1. " Capitation tax shall be equal throughout the State, upon all individuals subject to the same. 2. "All free males over the age of twenty-one and under the age of forty-five years, and all slaves over the :'ge of twelve years, and under the age of fifty years shall be subject to capita tion tax ; provided that nothing herein contain ed shall prevent exemptions of taxable polls, as heretofore prescribed by law, in cases of bodily infirmity." It will be seen that slave property must form an exception in framing an ad valorem system of taxation. White males alone are subject to a poll tax, while a poll tax is imposed on both male and iemale slaves, and tjjie period ot taxation tie gins nine years earlier, and continues five years longer on the latter. Thus, it v ill appear, that by taxipg both sexes, the amount of revenue col lected from the tax on slaves is double theamount collected on white polls, in proportion to the en tire population of the two races : and the differ ence in the duration of the period for which they are taxed, is equivalent to one hundred per cent more. It is, therefore, obvious, that in propor tion to the whole number of each race, the poll tax paid on slaves is three times as much as tha paid on the white population. So itwillbe found that this provision of the Constitution has impos ed a tax on slaves, in the twofold character of persons and property, and that an ad valorem tax cannot be imposed on that species of estate. Persons and property being the principal ob jects of taxation, they should bear a fair and just relation to each other in a system of revenue. It is believed that after excepting slaves, each per son's estate, real and personal, including money, whether at interest or not, ought to be taxed alike, according to value. This would require every person to contribute in proportion to the value of his or her estate, and would equalize the public burden between the various classes, upon principles of justice. I know of no better rule to ascertain the ability of the owner to pay, or the degree of protection his estate requires from Gov ernment, than by resorting to the actual value of such estate. This system need not interfere with taxing certain employments and the income of certain professions, as is now done. Such persons as do not possess personal estate of the value of S150 dollars ought to be exempt from property tax, and an exemption of a like amount might be made in favor of all others. It is believed that a system of revenue based on these principles, is demanded bypublicpoliey. In conformity- to an Act passed at the last ses sion of the General Assembly, I appointed the lion. Thomas Ruflin one ofthe Commissioners to revise and digest the public statute laws of the State, but he declined to accept, and the duties of the commission were completed by Messrs. Monro and Biggs, who have bestowed upon the subject much labor and investigation. The result will in due time be communicated to the (ieneral As sembly. This subject will require caref ul exam ination, and must necessarily protract the length of the session. The Charters of two of the principal Banks of the State, will soon expire, and it becomes the duty of the General Assembly, either to recharter them or to establish others to supply- the defi ciency in the paper circulation, that would result from closing the business of these institutions. The amount of banking capital, best adapted to the convenience and substantial prosperity of the State, is a difficult question to determine. It is believed, however, that the amount at present employed, is not adequate to the wants of the public. Banks or branches, arc needed at some points where, at present, there are none, and at other places where they already exist, an increase of capital, and in some cases, an addition to the number of Banks, would seem to be demanded. Undue contraction and expansions of the amount of the paper currency ought, as far as possible, to lie avoided. The circulation of notes of a less denomination than three or five dollars, should be prohibited; and wholesome restrictions imposed, to protect tlie public against the evils of a derive- ; ciated currency. A well regulated Judiciary system is necessary to thesecurily of the rights of persons and of pro perty. N Carolina has been .pre-eminently bleseds in the administration of justice in her courts. -This has doubtless been more the result or the integrity and wisdom of her Judges, than of the perfection of the system itself. It is 'believed ; that the Supreme Court ought to consist of four I Judges, instead of three. With the presentnum ber, when the court is divided, and the majority ; are for overruling the decision of the court below, counting the judge who tried the case, the weight of authority as far as the number of judges is concerned, is equal on both sides. Yet, in such cases, the decision below is reversed, and impor tant legal questions finally adjudicated. If the court consisted of four Judges, then on an equal division of the court the decision below would stand. To adjudicate the question and reverse the decision below, would require the concurrence of three of the Judges of the Supreme Court. It is believed that public convenience requires that two additional Judicial Circuits should be formed, and the corresponding number of Judges and Solicitors appointed. The Attorney General is at present required to perform the duties of Solicitor of the third cir cuit. He ought to be relieved of those duties, and a Solicitor appointed to perform them. The Attorney General, for the time being, should reside in Raleigh ; and in addition to attending the Supreme Court, as now required, he should attend to the business of the Public Boards in all the Courts. I would also suggest that it be made the duty of that officer to superintend the enrol ment of all bills and resolutions passed by the General Assembly ; and when requested, to give written opinions to the heads of the Departments. It is important to collect the statistics of Crime in this State. This might easily be done, by making it the duty of the clerks of the county and Superior Courts to make annual returns to the Attorney General or Executive, to be com piled for the use of the General Assembly. Since the last session of the Legislature, the . Hon. Thomas Settle, one of the Judges of the Superior Court of Law, and Equity; has resigned. With the consent ofthe Council of State, the Hon. Samual J. Person was appointed to fill his place. It becomes the duty of the General As sembly to supply the vacancy. The Lunatic Asylum is advancing towards its completion. This institution will 60on be open to the reception of patients. The Commissioners appointed to superintend the construction of the buildings deserve great credit for the manner in j which they have discharged their duties. Without compensation they have performed much labor, and incurred heavy responsibilities. - i The establishment ot a Scientific and Military School is a subject of importance, to which I beg leave to call the attention of the General Assembly. The training of the Militia, and additional en couragement to the formation of Volunteer Com panies, are subjects worthy of consideration. The report of the State Geologist, giving a detailed account of the progress of the work committed to his charge, will be transmitted at an earlv day. It is but justice to state, that the Public Treas- ; urer Secretary of State, and Comptroller of Pub- j lie Accounts, have performed the duties ot their j respective offices, with ability, industry and fidel ity. A Circular from the Secretary of State of the U . States, is herewith transmitted. I am not pre pared to endorse the recommendation contained therein. Herewith is transmitted the proceedings of a public meeting held in Philadelphia, in relation to a Monument, in that City, in commemoration ofthe Declaration of Independence, and in honor of the signers thereof, which I have been re quested to lay before the (ieneral Assembly. 1 would respectfully suggest the propriety ot , erecting, on the Capitol Square, in the Citv of i Raleigh, two small, but neat and appropriate ; Monuments: one to the Memory of the Officers , and Soldiers of tlie Revolution; and the other to the Memory of the Signers of the Mecklenburg Declaration of Independence. The bright prospect of our State affairs, I re gret to say, are somewhat clouded by the reckless spirit of fanaticism, which threatens the viola tion ot the Constitution and the dissolution of the Union. The conviction is growing deeper every aav, that the Abolitionists ot the ..North are de tefmined that the South shall not repose in the quiet enjoyment of her domestic institutions.. The politicians and clergy- who lead these fanat ics are not purer or wiser than were tlie eotem poraries of the framers of the Federal Constitu tion. Then the Statesmen and Divines were content to take the Bible and Constitution as the " touch-stones of their faith, and the North and South could meet in harmony, and unite in a common effort to secure the blessing ofcivil and religious liberty. But how changed is the pic ture of the present day ! Now these " higher law " men disregard the compromises of the Constitution, and are mischievously endeavoring to violate the rights of our property, and destroy our domestic peace and security-. This is a ques tion of paramount importance ; and 1 recom mend the General Assembly to declare, firmly a lid decidedly, that we shall require tlie compro mises of the Constitution to be observed in good faith, on the part of the North, and that North Carolina knows her rights, and will maintain them. 1 close this communication with the expression of the sincere desire that your deliberations may be characterized by harmony : and that the result of your action may be calculated to advance the prosperity and promote the happiness of the people. DAVID S. RE1D. IJxeculire Department, Raleirh, Nov. 20, 1854. MISCELLANEOUS. CAPTURE OF COLONEL PHILIP ALSTON. Immediately after his (Fanning) return he made his famous attack on the house of Colo nel Philip Alston, who lived in the south-west corner of Chatham county, and in a bend of the river, on the north side, called the Horse Shoe. On his return from Wilmington, he encamped near Cross Hill, near the pres-nt town of Car thage, and on the place then, or afterwards oc cupied by Mrs. Glascock. There he received information that there was a partv of men at Col. Alston's, and he resolved to attack them. Alston, with a good deal of the daring and reek less character about him, had been very severe on the Tories, especially during the early part of the war; and now when Fanning seemed to be carrying everything before him, and when no Whig in that region could feel safe in his own house a single night unprotected, he had more cause of apprehension than many others. He may, therefore, have had these men simply to protect his-house from the 'depredations of these freebooters'; But, according to my infor mation, Fanning was informed that he was rais- ! ing a bod of men for the purposey of attacking ! him; and therefore he resolved to take him by ' surprise, and before he could be fully prepared j even for defence. i At this time, when flushed by so many vic.to- ries, and confident of success, it made but little difference with him whether his -nemy outiiuni i bered him two to one. or was fortified as by the ! rocks of Gibraltar, lie only wanted to know i that there was an ?neiny within striking dis ! tance, and he anticipated the victory as Already ! gained. On receiving intelligence, therefore, I ofthe party at Alston's house, he immediately ! set out ; and as the liver had been a little swell i el by a rain, he directed his course to the north 1 west for a few miles and then turned to the ' right, crossed the river at Uickerson's ford -three : or four miles above Al-ton's, and went down on j the north side. They arrived on the premises ! about day break on Sunday morning, August I 6th, and immediately commenced the attack, j The sentinels being asleep, were taken by sur I prise, and made prisoners. Those at the gate ! on the opposite side of the enclosure, were tired I on, but not being killed or badlv wounded, they ran into the porch where most of the other par ty were lying asleep. They, too, were fired on; but as soon as they could get into the house, the doors was fastened, and all the preparation jected,and particularly her husbancLwho thought for defence was made that could bema be at the j it very improbable that Fanning, under all the moment. The windows were soon demolished, ! circumstances, would respect even a lady of her and many of the balls passing through the plank j standing, though a wife and a mother, and bear killed or "wounded the men inside. ! ing the sacred emblem of peace ; but, as she in The house was a two story framed house: j sisted on it, they finally consented. A man and being weatherboarded, ceiled and painted, may brave danger with deliberate courage, like was one of the best houses then to be seen in a hero on the field of battle, where all the in that part of the country. It stands now just as : tense excitements of the conflict, and the hope it did then, with the exception of some additions, ofuctory.are bearing upon him; he maymeet and still bears all the marks of war that it did when left by Fanning. On the west side was a lare porch, one end of which had been made into a bed-room, with a door opening into the hall ; and this was the room usually occuj ied by Mrs. Alston and her husband. She now kept her bed, which was thought to be the safest pl;ice for her ; and her two little children were 1 . I'1" - "P into me cninmev. urn was uone oy putting a small table or bench in the fire place, for them to stand on, which" was about as high as the front part ; and thus they were entirely beyond the reach of the builets. A few rods from ihe hcuse, on every side, was a strong rail fence, behind which Fanning posted his men and commenced a brisk firing, w hich was rettirned by the party in the house, aU(, k t without much effect on either side, . 1 . until after the middle of the dav. There was among the assailants, a lieutenant from tlie Bri tish army by the name of McKay, or as I am told, it was t?icn pronounced and is now written McCoy, who had either returned wkh Fanning from Wilmington, or, according to my authori ty, had been sent by Major Craig, probably for the purpose of observing the state of things in in the country whence Fanning had taken so nianv prisoners, and being in Farming's camp . , ... . . when the news came ot tlie party at Alstons, he promptly joined the expedition. Having been accustomed to the use of the bayonet and to a rush when a place was to be taken by assault, he became impatient at this mode of attack, which seemed likely to accom plish nothing, and he told Fanning that if he would give him the command he would take t!c house in a few minutes. Fanning prompt ly granted his request, and he as promptly en tered on the execution of his purpose. As the i plan was for all to rush up, burst open the doors and enter, fell mtll, he started first and ordered the rest to follow him, which tbey did without hesitation, and some of them pari jKtssu; but as he jumped over the fence and alighted on the ground, a rifle ball entered his heart, and he fell dead on the spot. Most of those who had got over tlie fence or were still on it were more or less wounded, and they retreated to their former position behind the fence. Foiled in their unfortunate effort, and driven back with loss, the genius of Fanning, ever fertile in expe dients, was now busy in contriving some way to accomplish by stratagem what he had failed to effect by force ; and he first bribed a free ne gro to set the house on fire at the far side where it was supposed he could do it without being observed', but Alston having noticed Fanning talking to the negro, or seeing the negro go round, and suspecting his design, went to the window and shot him when'in the very act of applying the fire. The negro was not killed, but severely wounded. During all this time on ly one or two had been killed in the house, and four or fue wounded ; but Fanniug's loss in kill ed and wounded was more than double. After the failure of his plan with the free negro an al most incessant "fire-on both sides, was kept up for some time, but still without much effect; and through the whole of this fierce conflict thus far, Mrs. Alston had beeii in her bed and had remained unhurt, though the weatherboard iiig and ceiling were riddled with the bullet-v which remain to this day as they were then ; and some of them must have passed not more than two feet above her when she lay in the bed. After such a protractad conflict and with so much loss to himself, Fanning began to feel dis couraged ; and either from the apparent hope lessness of his cause, or from .an apprehension that the report of the guns might alarm the country and bring a Whig force upon him too great for his strength, he was on the point of abaudonding the enterpiisc and drawing off his men, when he or some of his "men fortunately discovered a large ox cart in the-barn yard, a few rods in their rear; and with this he resolved to make his last effort. He ordered them to fill it with hay or straw, and bring it up, intending lo set it on fire and run it up to the house. If he could burn the house they would be obliged vo surrender, and his end would be accomplished. Several of the men promptly volunteered their services ; the fire was brought; and they were about ready for the operation. The plan was to run up the cart with its load, tail fore mosl, and thus keep it between them and the house, so that the bullets could not reach them. Alston, perceiving their, design, and knowing well, that defended as they would be, by the cart, it would be impossible to shoot them, con cluded that their only chance was to capitulate ; but how was it to be done I The men all be lieved that if any of them ventured to go out side of the house, instant death would be the consequence, though the flag" of peace were wav ing over their head; and if Alston himself went out, no matter under what circumstances, or who might be with him, lie would be picked out and made the first victim. In this perilous and critical moment, Mis. Alston came out of her bed room or stood in the door; and with per- ; feet composure, requested them to commit this j business to her. At first, the men all ob- , with death with a kind of defiance, like a savage 1 or a desperado ; he may die with tranquility like a patriot, or with resignation and hope, like a Christian; but 6uch serenity of mind, such calm and entire self-possession, such mild and dignified firmness in moments of sudden and extreme peril, when life or death is seen to depend both on what is done and how it is done, is peculiar to woman. Mrs. Alston, raising a. white flag, opened the door and went out on the step, where the paused for a moment to! see if she could discover any indications of the treat ment which she might expect to receive, j As soon as Fanning saw her, he called fo her to m?et him half-way, which she did ; andithen, in a calm, dignified and womanly manneij, said to him: "We will surrender, sir, on condition that no one shall be injured ; otherwise we will make the best defence we can ; and, if nejed ba, sell our lives as dearly as possible." Fanning, who could sometimes respect true conrage, whether in man or woman, promptly agreed to the proposal, and honorably kept his wrd. The men all then .surrendered and were .imme diately paroled. .j ; . Ellen Dane ; Or, the Daughter's Vow. BY MARY (illACE HALP1XE. I , .. i ' 1 The following touching iand affecting instance of a sister's devotion, occurred in a manufactu ring town in New Hampshire, not many! years ago. It was related to tbje auther by th bro ther of the girl a'.ludcd to,tnow a minister in an adjoining State, and is as true as affecting;: Ellen Dane was the, only daughter of a once flourishing merchant; 'the idol of a large f circle of admiring friends, and the pride of a fond fa ther, who suffered not even the winds of heaven to visit the cheek of his darlinlg too roughly. ! While he lived his strong arm protected her from all sorrow, his kind hand surrounded her with every blessing that paternal love could' devise, or money procure. But she had the misfortune to lose him at the early age of thir teen, j Col. Dane was supposed at the times of his death to be in affluent circumstances. But his estate was found heavily, mortgaged, an4 after paying the debts incurred by .his long aind ex pensive sickness, there was nothing but la bare pittance left to the widow and her children. Alas, for human nature! There were few of the many friends who fluttered around ttem in their prosperity, willing now to step forward to their assistance; and, after struggling n for three years under the presure of cares and bud- -dens she was ill-fitted to sustane, Mrs. Dane sunk into the grave, leavjng her two fatberless children to the cold mercy of strangers. A short time before her death she called her children to her, and placing the tiny fingers of her son in the hands of her daughter, she sol emnly committed him to her care. Be a mother to him, Ellen," she said, laying her trembling hand upon the bowed head of the weeping girl : "be a mother to him He will have ho one to love him but yon. Promise me that you will never forsake him." By thie bed side of her dying mother, amid tears and sobs,. Ellen gave the required promise. "Ydu will not forget, Ellen," repeated JVits. Dane earnestly, "you will not forget." "If I do so, may God forget me in my last hour, mother," returned Ellen, solemnly. "God bless you! my daughter," was the faint response of Mrs. Dane, you have made my last hour happy ; the Almighty bless you;!'' This blessing sank deep into the heart of Ellen. Pale and tearful Ellen Dane turned away from her mother's grave no longer a child, but a woman's duties and responsibilities resting up on her. ' Iler young heart was strong within her; but, unaccustomed to struggle with the world, wTjat, could she do ? Whither could she direct her steps ? Her father's brother offered her a home in his family, but he didn't want the boy, he hid quite enough of his own. another relative, in a different State, proposed adopting her brother, but Ellen declined, knowing but too well, he would be to him not a kind protec tor, but a harsh and cruel master. Ellen had heard of a far-off place, iwhere many of her own sex gained an humble tut honest livelyhood, by the labor of their ands, and she resolved to seek it. She, therefore, sold the w reck of their property, and taking her brother w ith her, then but nine years old, she bent her way to the "Granite State;" entering the noted manufacturing town of . There, with a strong, hopeful heart, though feeble hand, she toiled day after day, week after week, feel ing well repaid for every pain, every privation, by the increasing strength and healthful bloom of her youthful chargewho early evinced unu sual intelligence, and a thirst for knowledge, which she was resolved should be gratified A year passed slowly by, and found her still toiling on. Not even the voice of love, so dear to her woman's heart, coulu lure her from that lowly path. A manly form sought her side, a inanly voice woed her; yet though her loving heart plead strongly in his favor, she swerred not. . . . r - j " I cannot leave my brother," was her; firm reply, as he warmly urged his suit. "Nor can I consent to bring to by husband a double burthen." Vainly he argued that she had done her; duty by him ; that it was not right for her to sacri fice her health and every hope of happiness to his advancement. Vainly did he portray in glowing cokrs, the iigi.t of a happy home, the comforts with wh.ch he would surround her; she was firm. j " But your health is failing, Ellen," he said, earnestly. " Your feeble frame will sink vnder such unremitting toil. You will die, and then what will become of him ?" A slight flush pasied over "her pale dheek, 9! i. f V ! n ;i ! 1 vf : I
Southern Weekly Post (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 25, 1854, edition 1
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