Newspapers / The North-Carolina Star (Raleigh, … / Nov. 24, 1852, edition 1 / Page 1
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liUJIS J. LEIIt, Edil X0RTI tlllOLIXl 'Towtrfil la iitelltttnl, Boril ud pkyiinl KMorrrs, the lud if nr tim aid komt af tar ifffctfolu." TEMS TwcBolIan ia Idnan. llALEIGH, WEDNESDAY MPKMNG, NOYEMBEIt 21, 1855. NO. iS. VOL. XLIIL VURMS. If fMtid strictly in sdvaiir., tiftr .a am i t l If paid widii si mdhthsi and $3 t tb. .ail f th. y.ar. ADVKRTIiIXO. 1 8qar (I hnea) iiMertiM $ I , n ti Mala far MA wbMquml iawrtisB. ISIlCBiTBa'll. From the Wrrn Democrat. STATE AGRICULTURAL SOCIETY. Mr, Editor: We ire ure your reader will join lit in rejoicing at the recent esiab lishnienl of the inxtduiiot', with which we have headed (hi article; and we are equally cnfi dent that they will coincide in opinion with ui when we say that audi a thing was much needed. We hail it attheToawnof a brighter day for the Agricultural mid industrial inter at of our good old State. Year after year ha rolled by, e.im after session of our Legislature haa met and adjourn ed: various reform hare been proposed and adopted; the "dear people" have at lime al most been persuaded that wisdom waa born with them, and that when they '"shuffled off their mortal coil" wisdom would do ditto: yet after all these thing hare taken plaee, wiifi all their reputed wisdom, they liar never even whispered into the ear of their law maker and representative that there wa one interest, which, above all others, they re garded as of vital importance the interest of Agriculture ana rural economy, nut 11 seems that their representative in clear and palpa ble violation of one of the old common liw maxim, (for surely it cannot be aaid in this case that "the memory of man runneth not to the contrary" !) have of themselves at last come to that sage conclusion, and have or ganised a state Society; which Society ha memorialized ihe Legislature to make an an nual appropriation fur in belter promotion and efficiency. We repeal that we hail it as indication - of a more pneupcrous future, and believe that it will be of more real ben efit and lasting advantage to the State, 'than all th Rail-Road-acrose-lhe-Blue-Ridge acherue that ever entered the mind of vis ionary dreaiuer.rf Our Slate is undeniably lar behind her sis ter Stale" in Agricultural improvement, and we fear that in tin immediate section of the Stale, there-is les- interest- maoilMieil in u now than wa several years sgo. Why this slate of things among uur farmer? Is il because there are no longer sullicieient in ducements to arouse their dormant energies and urge litem on to renewed action! In the language of one of the most eloquent sons of our State : "See what a country ia given us how widely spread .'retching herself, and inviting the weary children of toil, how numerous aotver, to come and draw nourish ment, rich and abundant, from her espaeiou fmsomf - Tbitifc--y thaV-tht fertile and wide-spread country is a mere wanton ex penditure o( Aiiniehty power? Or that our destiny being cast in it. i purely an acciden tal arrangement, having no meaning? Doer il notaeein that the name hand , iha plnu?o Eden, and placed Adam there to dree il, hath created this iroodly land. anX placed us here. la toil it, and elaborate its inexhaualable re sources!" These fact would seem to be sufficient io eause our farmer to throw off the lethargic spell that binds litem. Put the inducements to renewed exertion do not stop wiih what nature has done lor us. The facil ities for transportation will seen be within eonvenient proximity to the great msjurity of our planters, and ao far a our immediate section i concerned, already the ahrill tone of the "irom horse" a he rues booming over Ihe glowine landscape fof arable fields, pro claim to their proprietors with a voice more irreslitile (.nan the cloquece 01 man, mat list less inactivity and careless indifference art ol the order of the day. rvill not the lar men, then, arouse themselves to due sense of their real interests, and, at as early a day as practicable, meet together and revive that Uneatable detune! arganualion, one Known a th "Mecklenburg Agricultural Society. Let them da this, and the day of ita resurree- tion will take its place on Ihe historic scroll beside the SUth May, 78, and the 28th Oc tober. 'S!i. Now w are not apeakina out oft mere mindless infatuation. No; but w would fain wake dp lo a jnat appreciation, of the im portance of their pursuits, thai great body of our countrymen, who are empnaucaiiy called farmers; won who aland upon the soil and are indetihed with it; for there rest their own hopes, and there lh hopes, of our children: men who are, in fact, ihe found itioa tha main pillar and Doric columns of our great social edifice. SAVOYARD. Pleasant Retreat, Swannaltoa, ; November t0th,i8JST- BrniherT. W.Akin: Please accept, as n emblem of my profession, tha vegetables and fruits I semi you by ths bearer. 1 have been more fortunate this year than usual in tha general products of my faria. and feel that all who have made the proper exertion equally as much so. I am anxiously awaiting the return of the newly made Vice President of Ihe State Ag ricultural 'society of our section of the (State, to soon aa praclivable, form a Society lit our midst, ; It certainly will give stimulus and an ineresling desire to improve our far ming; end will modestly mention, and name to niv brother farmers, J. M. Smith, J. P. Biniih, N. W. Woodfiii. J. W. Woodfin, J. K. Oshnrn, and J. Burgiu, Esquires, thai I am willing to pit against them, one or more acres of Wheal, Ry a. Oats, Corn and Potatoes or fifty ten months old shoata. In bo exhibi tod the ensuing sesson, or if agreed on, to let tha committee, of the- Society, examine . each of our premise and report at the annu al laaetiiig. Now I nam any one of tha a- bovo or th whole. Honing that the above enterprising brother farmers may aoe this, and take up the glove, . . i I remain, respectfullyi - . ' Your obedient errant, TI10S.T. FATTO. With the above note, we r eeived a hand ome present of mammoth potatoes, cabbage, turnips, bet Is, corn and apples. Oh, but it Would do a hungry marl good to look at the pile! One peep at (he eahbng would throw Dutchman into convulsions! And then jnat think of a fioet weighing twelve pounds! - Wa return a thousand thanks to CoL Pat- ton, and will back him arainit ju oralL of! mir member ol Me. Slate Agricultural bucielv. If ka fails 10 carry off the first Prize, we ill LEGISLATIVE PnOCKfcDlalCiS. SENATE. Monday, Nor. 19, 1852. Mr. Steele introduced a hill to amend an act of 1850-rJl, to incorporate the Anson Plank Road Company, which passed it first reading. Mr. Person introduced a hill, accompanied by a memorial, to emancipate James Langford, s slave; which passed ita first reading and was referred, . . , . The bill to pay tale jarors in Northamp ton, was amended, so as to embrace Wake in Us provisions, and under the suspension of the rule, passed its second 'and third readings, and wa ordered to be engrossed. The hill concerning lh Conrad Gold Mining Company passed its second read ing. The bill lo amend the set lo incorporate Lewi Ciold Mining Company, passed it se cond reading. The hill to incorporate the Oull ana tira-i ll..ub R.iajl ('..ninaiiv. wa. read til.1 i ,i.. ...... ,!....,. nrnn,,.M i,. eat from 1848 V, TttllU IMIIV, " .imimmm I VJ the committee on Corporations were rejected, and the bill ordered to a third reading Mr. Watson, from the committee on Propoai lionsand Grievances, to whom was referred the bill giving the election of Llrrks and Masters in Equity to the people, and the bill lo divide the county of Iredell, reported the said bill back to the Senate, and recom mended their pasage. Laid on the ta ble. Mr. Peron introduced a resolution propo sing that the Legislature adjourn tine die on the I5lh day of December next; which pas sed, 38 year, 3 nays. The Senate proceeded, under a joint order, to vote for Secretary of Slate, under thp su perintendence of Messrs. Steele' and Cun ningham, when the vote of the Senate was unanimously given for the Hon. William Hill. .Mr Cunningham, from the committee to superintend the election of Secretary ot. Stale, reported that Win. Hill had received the whole number of voles given by the two House, and was duly elected. The engrossed bill concerning the Superior Court of' Randolph Alamance, and Ourri luck County, under the impcnsion of the rule, passed il second and third reading. The hill lo exempt persons of 65, yiafrol age and upwards from serving as jurors, was vail ine aeconu unie. Mr. Wood fin said the committee had commended ihe rejection of the bill. lie ihn.i.rl.i then, was no necessitv for lis pas sage. The court would always exempt aged mea. in extreme case Dili men oi mo mo ferred to were generally best qualified tor Hie duties of lurnrs. 4 - f t Mr. Itroitden advocated me passage oi ine billon the ground that men, generally, after having passed the age oi 03, were inn, aim entitled to ex,i-inin tim publiu duiio, if they desfrcd iu; niWTluruotroiilpi rily exempt tnem, out ieii n upuonarv wp them io plead thai age or not ; and it appeared to him to be founded upon justice and approv ed by reason. ' The law exempt peison af ter the age of 45 from serving in the military and from working on roads ; and he could aee no reason why a similar -exemption, after 83 years' service, houid notbeexleuaeu to tnoe required lo serve on jurie. It wa hard to enmnel old men to attend court, when there i , r... were young men eno.ign ampiy guauueu . Ihe duty of juror ; and lhre wa nothing more detrimental 10 patriotism uiau lyraimj and onnression. s Mr. Liliington said ihe committee on the Judiciary had unanimously recommended the rejection or this bill., lie wa men oi opin ion there was no reason for its passage ; and the argtimenta of the gentleman Irom Wayn had not ehanired his opinion. He had strange ly argued that aa the law exempted person 45 from workinr on roads and perform- w . ing military aervice, therefore persona over 65 ought lo be eieinpl from serving as juror. The two eases, said Mr. L., are totally dis similar. In the one ease physical strength was reauired. and in the other menial. -Af ter 45, men failed in bodily strength ; but at 05 were generally in. the perfection of their mental powers. As an illustration of this, lie referred lo Ihe Chief Justice of the Supreme Court, who is an ornament to Ihe State, and who loss all would deplore as a most seri ous calamity; he also instanced other judicial officers. Judges and jurors should be men j ol age and experience. Mr. Brogden replied briefly. Mr. Caldwell had one objection to the bill. The law requires ths Slier i ft to summon whom he pleases. How could ha tell who waa 85 year of gel Mr. Brogden. ThCion!y Court are lh one to judge, Mr. Caldwell. Then th duly i throw on the grand jury. Mr, Gilmer id thtithe practice of law one of the great difficulties that he had ob served, wa. that the juror war anable lo pply ihe law to the es under considera tion and this oceured most frequently when dm iurv was com nosed of Young men. I oil- cy therefor required that as many men of ' i ..i . ..k..,U mature age ami luuinenj puuims n..u' be retained on our juries, Mr., Brogden replied lo Mr. uawweii, and explained that there was no provision ol the hill that imposed im the grand jury Ihe duty of deciding who were of proper age to be exempt; and after. jSrd further remarks from Mr. Caldwell, the vote waa takeo, and the bill rejected. The bill to incorporate the Greensborough Mninal Insurance and Trust Company, was md iha second lime, and laid oft the ta ble, ' ' - The bill authorising justices of the peace lo re.i.n m ihe county eourt, wae read the se cond lime and pa(ed. The -bill eonrernin the printing of the pn- valt Acts of the General Assembly, was read ilutuvnud time and nnstnoued until ihe 4th of March. The bill W rxpedile lh trial "I ' certain eases in courts of law, waa read ihe second time, laid on the table and ordered to be printed. v; -. t . Mr. Morel isoil introduced a bill to incor. norate the Kinzsburv and Ix ksnlU Plank Road Compioy. PaseJ tiri reading nd rHOLSE OF COMMONS. Monbav, November 15, 1853. Mr. J. F. Lyon, member elect from Or ange md Alainanea, appeared, wa qualified and took his seat. A message was received from the Senate proposing to raise a joint committee of three Irom th Senaie and six from the House to examine and jeport upon ihe present condition of ihe Asylum for the Deaf and Dumb, the manner in which il haa been conducted, &e. Coneursed in, and the following gentlemen appointed as the House part of die commit, tee : Messrs. J. Turner, J. B. Ilvnum W. J Long, Foreman, Shimpock and Christmas. The committee on the Roanoke and Ms herring connexion consists of Messrs. Smith, Cherry, l.ockliarl, Daniel and Mooring. Memorials were presented by Messrs. Stuhlis, George, Cooke and Burton, all ol which without being read, were referred lo appropriate committees. Mr Munduv presented a petition from Joseph Briudlr, of Mueon County, praying the .Slate lo relund to hnu tCI.Ol) with utter. which wak-wlereed. Mr. Hill, of CasAellJifcpin the Judiciary committee, .reported th tml lb estatiluh a bank al Yancveville, with some amendments, and recommended its passage. Tha amend ments ol ihe committee were sclopisil. Mr. Iloleman, of Person, offered lo amend by striking out "or its equivalent," where ever it occurred in the bill, and demanded the veaa and nays on the question Ui strike nut. The amendment was rejected by a vole of 5 to 31. Mr. Iloleman then moved to amend by providing that if the bank shall fail, any holder of the note may collect ihe amount from any who are then, or have ptuviously been, stock holders. Rejected. The bill then passed its Jnd reading. Mr. Avery, from the committee on Internal Improvements, reported the bill lo incorpor ate the Chapel Hill aud Durhainville Plank road Company, and recommended ita passage. Read 2nd lime and passed. A message was received from the Senate proposing lo go into an election of Secretary of Slate today at 13 o'clock. Concurred in, and Messrs. Amis and S. P. Hill appoint el committee on the part of the Donsc lo u pcrinled such election, which resulted in the election of William Hill unanimously, he having- received 160 voles. 115 in the House and in the Senate. The special order of the day, being the bill In abolish jury trial in the county court and fur the bettei administration of justice, was linen taken up, and the House went into committee of the whole, Mr. Cherry, of Ber tie, in the L hair. Mr. Saunders, of tVakrv.aiadea lew re marks, and Mr. Baxter of Heiluerson, addres ed the committee at length. Mr. 1'urvear moved to change the number uT circuits from nine lo eight. Not agreed to. Th. finer hen"tjetugwktt -oir -hg number of circuits at nine, Ihe Chairman ue cided that il prevailed. Mr. l.oii, ol Randolph, moved to strike out (hat portion of iho first section which provides lor dividing ths Stale into three iu dieal districts I which was discussed by Messrs. Long, 11 ill of Caswell, Saunders and Averv, when ihe committee rose, reported pro gress and begged leave to sit again. , 1 tie rloase men adjourned. HOUSE OF COMMONS. Tucsoar, November 16, l'85J. A message wa received from the Senate informing Ihe llouso that il had rejected ihe bill lo extend the right of appeal iu certain eases. Also thai il hid adopted a resolution pro posing that both Houses of ihe General As sembly adjourn on Ihe 15lh of ' December, and asking ihe concurrence of Ihe House. Mr. Williams, of Warren, moved to lay on the table, which was not agreed to yens 2G, nays 73. Mr. Scales, of Rockingham, moved to postpone the furthei consideration of the res olution till December lOih, which did not prevail yea 45, nays 65. Ths resolution was then concurred in, yeas nays 38. A message was received from ihe Senaie transmitting the engrosnd bill to repeal an aei of lo tO-51 establishing the county Jackson, which passed Its first reading On motion of Mr. Love, ol Haywood, the rules were suspended and the bill put upon ts second reading. I Mr. love then moved lo amend by slrik- iug ouTlfter-tiif enacting clause and inserting j a substitute, a supplemental bill to carry into effect the act establishing Ihe aaid coun- SENATE. Tuesday, Nov. 16. 1852. On motion of Mr. Boyd, Ruolred. That th eommitt on Finane be instructed to ioquir into the propriety of so amending the revenue law of last session of the General Assembly, as to embrace ths following proposition : 1st. To equalise th tax on thou who may buy and sell slaves, ana uios woo ouy ana ssn uui r snecie of trade. 2tid. To am.ud the second section so as to strike out the words billt reecicablt, so that prefiu mads by 6aua be placed on th same condition nttier dividends or profits. 3rd. To further amend th second section, so as to strike out the words "that any person shall have thirty dollars of interest, dividend or prom, anil inaari. in lieu thereof, sixty dollar. 4th. The propriety of Urine an ad valorem tux on vry spaci.s of personal proporty not already teied. except slaves, wuicn are now ex empted py4 looauiuuuu, ' Mr. Thomas introduced a bill to incorpo- rate the the tJnariesion, uiue mnge, anu Chattanooga Railroad Coinpauv ; which pa sell il first reading and wa referred. Mr. Caunlady introduced a bill to incorpo rale Mount Energy Lode, No. 140, in Gran ville county I which pasicd it third reading and wa referred. The bill concerning the Conrad Hill mining Company, pasad iu third reading and waa ordered lo be engrossed. The engrossed bill to emend Hie act ol 1859-61 incorporating ihe Wetern Plank Road Company, passed it third reading snd wa ordered to be enrolled. The bill authorising justice of the peace to resign to the county court, passed its third reading, and wa ordered lo be engrossed. Also the .bit: to amend the art incorporating the Lewi Gold Mining Coinpauv, and to incor porate the Pedes l'Unk Road Company. . Tllo engrossed bill to incorporate the Gull snd Graham Plank Road Company, passed iu ihjrd leading with sn amendment, and was sent to the Commons lor their soncurrence. The bill to lay off and establish a county mil of nonion of Ashe, to be called New r Kiver, was read the second time sno postpone! until' tn-mnrrow. The bill lo dmde the county of Iredell, was now taken tip, snd on motion of Mr. Parka, ordered to he laid oo the table, The enrrossed bill to incorporate the Greensborough Mutual Life Insurance and Truat Comoauv. was taken op, read the sec- mid lime, amended, on monon oi iir. v ia. aud passed. On motion of Mr. Gilmer, the a a I I 111 I rule were uspcudcd, uu, we uui wa. reau lli ihird lime and passedi ss amended, and a message sent lo the Commons, asking their concurrence therein. The engrossed bill to repeal sn act of 1850 '51, to prevent the obMruclion of the passage of fish at lulola on the seacoast of llit fltate, passed tla first reading and waa referred lo Ihe committee on rroposiuous aim urieit. Mr Cowper introduced a resolution, to send On motion of Mr. Wheeler, of Lincoln, the bill and amendment were laid upon Ihe table and made the special order of the day I lor I uesuay next. Mr. lilow, ol Put, introduced a hill Iu a- meud an act of 1850-'51 to incorporate the jreeuville and Raleigh Plaukroad company. Referred to committed on Internal Improve ments. Also a hill to amend KMlh chapter ol lie- ised Statutes, concerning public roads, fe.- ries ond bridges. Passed first reading. Mr. Strange, of New Hanover, a lull to nenrporale ihe Seaman's Friend's Society. Referred to committee on Corporation. Mr. Caldwell, U Uuillord Irom the com mittee on Corporations, reported the bill to neorporale the rranklmsville .Manufacturing company, in the county ol Kaudolpli. lluau second lime and passed. Mr. Cherrv, Irom the committee on H- luncH, reported adversely on. the bill to .repeal cc. 3 chapter 79 ol Kfcvised Statute, concern ing pedlars' license. Read pd rejected. A 10 adversely on too resolution to emitrre nto the expediency of laying a lax on ready made clothing brought into the Stale. Re- irl concurred in and committee discharged. Air. Thnrnburgh, of Randolph, introduced bill to incorporate the Euwharrieand Yad kin plaukroad company. Referred lo com mittee on Internal Improvements. Mr. Calloway, of Ashe, a bill In authorise C. Bartlctt, sheriff of Ashe, lo collect ar rears of taxes. Referred lb committer on Private Claims. Mr. Wsbb, of Rutherford, a bill lo lay off a roa,d over the Blue Ridge at Juilusgap, p-,r,.j omramce on iiti-i improve- mcuts, Mr. Bynnm, of Northampton, a bill to in corporate Cheriih Division, No. 35. S. of I. Kelerred to commiilee on Corporations Mr. Munday of Marin, a bill-to expsdile trials and avoid unnecessary cost in punishing Seity offences.. Rehtrred to committee on the udiciary. (Gives justice of peace jurisdic- dirlion in case ol asaauil anu oauery, wun right of appeal only where , security is given lo indemnity the county against coslH.j Mr. Carmichael, of Wilkes, a bill lo re passed ila third readmit; and, on motion of Mr. Lillinglon, reconsidered, amended, on motion "f Mr. Steele, passed and ordered lo he engrossed. The engrossed bills to incorporale lh Fay elleville and Raleighand Ihe Haywood and Chapel Hill Plank Road Companies, paased their third reading and were ordered to be en-, rolled. Mr. Gilmer introduced a resolution author ising the Assistant Door-keeper to employ an assistant Miilil ihe principal I)oor-krepcr shall recover from bis indisposition and be ahlu lo attend lo his duties; which was adopted. The bill lo give Ihe election of Clerks and Master in Equity to the people, was read the ihe ihird lime. ! Mr. Caldwell said he had voted for ihe bill on its second reading under a misappre hension: snd he should now vote against iu M r. Shaw said he should he glad lo hear ih r,.iwiu win- ihe Senator from MccLlen ol ! i ....I ,i. k:n UUI ii,poaT-ii inn uui. Mr. Caldwell replied that one very strong and sufficient reason waa, that it was an ins -porlntit office, re,uirinif high qualifications for the ditties, taking accounts, eVc, and with such insignificant compensation noi more than two or three hundred dollars that coin ielenl mcii'could not be induced to csnvass for it before die people. Giving the election lo the people, would, therefore, lead lo confusion and operate unfavorably. Mr. .Shaw said so lar aa concerned Ihe in significance of the office, he though! it supe rior to llmt of Clerk of the Superior Court, and the election of the one might as well be given to the (.eople as the oilier, lis was in favor of il on the broad ground of renuUi ran principle, and il was in accordjneo with the spirit or the Constitution. lie was among those who had an abiding confidence in the capacity of the people lor sell-govern mcnt. and wis not only willing to trust the people, but thought il proper In invest them with the right, to elect their civil officers. . Mr. Kelly knew it was not a very popular thing lo doubt the ability of the people In e lect suitable agents, and he would not question iheir capacity to. do so. Bui he was opposed to the bill for the reason suited by the Senator from Mecklenburg. Not that the office wa iusiirnilirant; but lh compensation wa so small, they could nut find men, competent to take au account who would go out aim can vass for the office, and the consequence wiuld be, person totally unqualified fot lhe duties would be elected, in many ol me counties ihu pay, he said, waa not more than two hun dred dollars, while, the duties ol the office were very difficult and important. Mr. Lane said he had introduced the Dill in accordance with die wishes of his nuatilo ent. , 1 hey desired It; and U'creiore lis should vote foriU lire communicated by (park from locomo tive, was taken up and read the second lime. .. Mr. Brngdrn moved to amend the bid by adding an additional section, providing lhat damage amounting lo not mora than eixly ' dollar, may be recovered by warrant, aor procesa aerved by a constable, before a mag istrate. Mr, Kelly thought this would he extending the power of constables loo much. . Mr. Brogden . desired to make the bill a perfect a possilrle. Hi. object ww lo rdak lhee companies acrennible lo the poor at all times. In hi section of the State much dam age was done by lira train the.erig,ines ; and a there waa no easy mode of redress, the poor were compelled lo sumVit to the injury. The poor man might rent a portion of turpen tine boxes, which might be act fire lo and destroyed by sparks from the railroad loro inutive and who should lossy this t Mr. B. went mi to argue al some length lhat the rait road company should be liable furand pay the damages. Mr. Gilmer had some objections to the pro visions of the bill, but ihe great objection was, that a rail road company should be made lia ble fur damages that might arise from aparka. A man might na well he made liable for the spark fioin hi chimney. He did not think Ihe gentleman from Wayne would find lhat any company waa ever made responsible foi such uccidenls, , Mr, Urttgden. In 1847, a law wa passed by ihe Li'gisluture of Pennsylvania making them liable for spark. - Mr. Gilmer. What tlio gentleman savs from his own personal knowledge is no doubt correct. But, continued Mr. ('.. it still pears unreasonable to make the company lia ble for damage from apark. In adopting railroads we Isko them with their advantage and their disadvantages, lfa traveller choose to take seat in a ear, and a spark from Ihe engine should accidentally put mil lis eye, who would say the road should be liable for Ihe misfortune I II would be equally unrea sonable to make il liable fur other unavoidable accidents front sparks. Mr. Kellv said the gentleman from Wayne had not removed hi objection to ihe power given to constable in una hill, I hey were required to serve the writ. 4c. lie had an oilier objection, lie- had no idea of giving countenance in gentlemen coming here Irom the railroad diairicu, where they were en joying Ihe benefit of the outlay of capital required to construct and keep up the mid, and the facilities for transportation of produce and travel they afforded, with the increase of value in land and labor and these privilege were not small aud asking redress for Hie little incidental damages that may occasion- illy befall tlmin 4a Urn operation oi die roads. peal in part an act of 1850- 51 establishing a Superior court of law in Watauga count; I Referred to commiilee on J'roposition auu Grievances. Mr. II rooks, of Pasquotank, a bill to in corporate Jonesborough Division, No. Sol, S. of I . Kelerred to com-nuice on corpo rations. Oo motion of Mr. Saunders, of Wake, Ihe (louse went into commiilee. of the whole, Mr. Cherty, of Bertie, in die chair. The question being on the amendment of fered on yesterday by Mr. Lone, of Randolph, Mr. Purvear, of Surry, oliered to amend by unking out the original hill and ubsiiiu- uik one providing tor one additional judicial circuit, to be called the 8th circuit. The committee wa addressed by Messrs. Purvear. Caldwell of Guilford, Miller, Bax ter, Hill of Caswell, Dobbin. Leach, Saun ders of Wake, and Reid of Duplin. Mr. Avery raised the point of order whetl. er Mr. Piiryear's amendment could be con sidered, the amendment of Mr. Long being before the committee, first. Th chairman decided that Mr. Puryesr'a amendment wa nol in order. On motion of Mr. Rcid, of Duplin, the committee rose. . ' Mr. Cooke of Wilkes, offered a resolution authorizing- II. T. Dyer, late Sheriff of Wilkes, to collect arrears or lazes. And the House adjourned. Mr. Kelly was willing to give il lo the peo-l He knew a little about railroad, perhaps, a pie of Randolph if ihey desired it. He did any gendcinan In lhat body ; but if the State not wish to put them to inconvenience; bui would mrf one through hi section of the he was opposed to making it a general taw. country, ha pledged himself the right of way Th miealioa w. ih nass- .-14 fc -a rv,:-t oU I. in of the bill, and decided iii lh negative, 25 I madu for redress uf such grievance, to 18. Ro tne nitrwaTetBCteti-. Mr.-iicoimcnsajuii. was mmaiiB io bid- The resolution to allow Rufu- II. Page pose that thoe who resided on Iho road Were 30 for making a tabular statement ol ins cen- u friend. Home ol llieni, he Knew, were wa. rend ihe second time. its worst enemies. The! were so much an Mr. Steele moved that 930 be stricken oiit,,iovfd by It by Hie perpetual loss ol stoea. and that $'-25 be inserted in lieu thereof; fences, 4c, that Ihey had been heard to wish which motion, after explanation by Mr. the road had never been made, or could be Boyd, he withdrew. The resolution then sunk which proved that their grievance out nu.m-d. under a suspension of the rule, iu sec-1 weiiihcd their advantage. ond and ihird reading and was ordered to be I Mr. Lillinglon aaid hi main objection to engrosc-d. ' I the hill wa. It expreed or implied a prejtl- Mr. Hoke introduced a bill to confirm Ihe 1 dice airains! railroad. Ha waa loo Unwell lo grants heretofore made for bounty land lo iron I make a speech on the subject ; but facetious- works: which nasseit us nrsi rsaoini. y remarked ne1 wnuiu propose an menu- The bill to lav off and establish a county men! to the amendment offered by the Sena- out of a nortion of Ashe, by ihe name of New mr from Wayne, provided that gentleman River, being the order ol the day at 14 o clock, would accept it ; Ihe suhstance m wnicn wa wa taken up and read Ihe second lime. I thai the parties shaM he made liable for dam- Mr. Bower moifed lo amend by inserting ages from spark Irom all eiumntes, tar mini. Ihe name of th County Sevier instead ol new I or torches of possum and coon hunters. River, which era aereed to. I Mr. Broaden responded, if the gentleman Mr. Bower than proceeded lo advocate the "nought proper to treat Ilia aubjeci with levH nsssair. of the bill al some length. He said V. meninenl and liughler he would not give when they look into consideration the gre;it 'I eminleiunce. lie would not accept nil a :i . i. i.i, ,i.. unni, ihn l.imr I mendmen!, ' under, iheir rapid increase in population, and VV hereupon Mr. Lillii.gt.Ki withdrew hi il. fact that before twenty year hal! roll smond.nent,a it wss ollered only on in con. ... - I i'.- .1. . i. 1. 1 a. - t .omul, ilia county will have more than union nisi wuum u .,,...... the requisite population foi a represent-! Mr. Person advocated the pssssge of the tire, he hoped Ihe Senate would not hesi-Ihill, He said Ihe railroad companies, by a tale In grant this new county. The county little additional expense, In providing chim- if Ashe, he said, had now a leuerai popu. mes wun spark-catchers, rotmi eiireiiirity lation of 9,000, lacking only about 1 000 guard against the danger of Are I ml if Ihe of Ihe excess required for a member. Thnr I hill were passed, il would lead them to take is not a county iu fie Slate increasing ao rap- tins precaution, I lis argument oi in gen- . .. . , i - I . I . .. .;ii- . I .U. . . I.I I I . idl y in agrieuliuraixnnproveiiienis anu iiijiop-1 iieman irom uuuioru, uiai u womu ocju.i a. ulaiiim as ihe eoiiniv'uf Ashe. The fniigra- reasonable to make a mart liable for the sparks .ration to lhat rci'ion was unexampled, oeca-l from hi chimney, did not appear lobe sound. . ... ., i p ri ; ' .,iiii,.i.ini. . 1... t . a:. '-.:l.. v - .. . SlOOeil DV llie lUW UI vinfillli, u'imiiiiik ,iii I ud naae. WBIV winsiiHIIHI. ,w Minn lun enunlic to ! ihe people for carrying through I hi chimney across the country, but it ra the said eonuiies Iheir railroad to I enuessec, l mains stationary within In own euctusur ; Groaning under 'taxation, they arc Dying overt while ihelocomolive are run through ihe ro in to our side lo gel rid of lhat enormous burden, try, endangering hundreds and thousands ol and are raniillv settltuafurms in AsheCounty. I private property, onles ihey are provided with But there ihey are oppressed for Ihe want of I the improvement In prevent the escape of convenience in attending iheir court. Some I sparks. Sometimes, when this improvement of them reside fifty miles from the court house; it use 1, lha Engineer rcckleasly let off the and no account of high waters, mi half the spark ta place, in the night, when he sup- lime ihey cannot gel to eourt but il the risk 1 poses there is no- witness uf the deed, where nf their live. 1 There was, therefore, a great combustible properly ia exposed, and disa necessity .for a new county. , irons urn is me result, ii nit utti were ps- Mr. St'de said he did ool waiil the iireasi. ed, making the company liable, the agent Iv to he furred upon hun of voting for Ihe would bo instructed hi he more cautions, and r.neal ol another county. I ua nrnaior irom i wonid leaf a Ulsillissai n lie oiienucu. A.he admitted that the county how proiKiscd Messrs. C timer and Kelly argued in reply tu he, erected had uol ihe requisite popiil-jiimi; to Mr. Persoo, that if the companie emild. aud he (Mr. S:eele) hid no id -a or voliuj lor by Improved machinery, prevent spark, and . .- i. .i: i i ..,,i.,t,.,ii . r.., ... i.. . . ... i ,.m in i .M I lllliU HI 111, ,,r, w .on. j ii until il did posses tint population. 11 w tired talking about the makirg of niw eon n lie, and did nol wish to spak sny niori on the subject. and should now iy btu liiilo, If it should turn out Ihe genuemsn iinag iuea it will, il would Ihen make out a pretiy strong case, which li entertain l-ivoratiiy referred. ' I , message to the common proposing so gn t's-iStjtis'..A.uiiaMA rkciiou to-morrow at . o cioca nr a OUln-iK'i a miv ,- oil motion of Mr. Hoke,wsl ud oa iho tabic. The temtc adjourned.-' ' irte Wleyan Female College. Murfrrebofo which passed IU nrsl. reading, . Tk Henatf adjooined. mild be liable; tid this hill wmiht be (upurlluou, rVr. LillingioN said the rgumeul nf the -renlleman from- Northampton, lhat il could not be ascertained whether the mischief was done by sparks from ths engine or not, furu- would be disposed to I j,hed an additional reason for the rejection of I ha improvements 1 die lull SENATE. , Wednesday, Nov. 17, 1852. Mr. Clark, from lh comntiltee on cor porations, to Whom wa reicrrcd me uui io incorporate the Cumberland Academy, re ported the aine, wilh n proposition to strike nut Ihe ne-ond seclion. Laid on the la bit. Mr. Clark, from ihe same commiilee, to whom wa referred Ihe bill to incorporale Mount Energy Lodge, reported lhat there wa a general law lor stteii purpose, iheroin mi'.tee asked to be iHsrlisrifed from ihe firth er consideration of ihe bill. The commiilee wa accordinrly disclunred. Mr. Woodfin presented a memorial, which was read and laid en lha table. Tht bill lo increase the revenue of the Sute by the (ale of bcr bonds, wa read ihe ihird time. '-'- Mr. Hoke asked what eovpoti bond Were, which were provided for in the bill! Mr. Clark aaid toupon$ were check for the periodical amounts of interest, attached to the principal bonds, and so arranged thai Ihe holder had noihing to do, aa the accruing interest beear.ie due from lime to lime, hut to clip ofl the cheek, or touponi a they .ire called, and mesenl them for pavmenl. Mr. Hoke said he knew that, lie wantcu to know the advantages of the coupttntl - Mr. Clark. The grest eonreniertf they afford in eadlecting the interest, ami conse quent enhancement of the value of Ihe bonds, I he bill then pasicd US uitru reaaing, auu was ordered to be engrossed. The bill eoneeinin the luror of Craven, nawdjts IhU be engrosm-d. Corpo.-al the Ansoa Plank KoidCuinpanylltailroad CouipaoitB liable for damage by I rjniJ 30 U b miht go on, snd jiopiiluiioo mishl ineieasc j Mr. Person n-plied that hi argument wa as ihe gentleman seemed In suLeipals, If A message wa received from Ihe Senate, " transmitting a communication from lion. I'homa Huffin, reaigning hi place oo iho Bench of the Supreme Court, wjih a pVcff eft silion that it be printed and referred toajoinl ieel commiilee. The resignation wa then read a fol lows : . Rkiiohatiosi or Cmcr Jcsticb KiVVisl. r M IhtorMt iKt OtHtrtl AntmUg .Vwf '- 'VtrtHni Ht t SMi . ' " ' acsT .BMrs: ) dslr to rvtir t th walks o prlval. if, aad llimfor pray your Imrarable , body to aecfit Ihf rssiffnatisn f my plsce ea tba llvnck of th 8urra Court,. In nrnnd.ring tai trast, 1 would wish to t'xprss my gratafut sens, vf th eenldsne. aad hnoor so often and so t king bestowed by ths tieneral Assssably. ' Bui I fcav ao hiinrasR to do it suitably. 1 as ;.. Vf rj nasihlo, Uiat ili.y tm far bsymd my doMfta, .- . aud Uist I hav taan. a tnsntticioul rarer or ser vice Vat I eaa truly aver. tUal ts th. boat of my . bility I bav. adminiatarsd lbs law aa 1 andorstm it and to- th sutll of (nppmaing erian and wrong, aad aphokllng virus, tr.Ik ! ri(;hti aitatng t ' give eotiidouo to aonost ssaa, aad to oonnrss in all good citiafi a lov. fur cur eaatrv (ad a wis trual la hr laws aad mtg istrales. Ia my p)Mv I lop. 1 kav eontribalod to thoa. sails: aad I Brui ly bUm Ibat our laws will, as bervtofor. bo wall xseated, aad ear poop), fcsppy In lb. admialstra ; tlM of justice, koaMt sad eontMtod, ss lone aa -ih.y keep, and oaly as long a th.y ksep, tk. indf . psadsatand svoad judiciary b.iw mtablishyd la , ...... tba CoaatituUon; which. With all elhsr blsssiugs, I nni.stly pray may b. porpetuatad to Uis psopla uf Mortk-Csniliaa. 1 have lua honor to bo, Kntlmsa. - ,r Yvar mast obhgsd and obsdieBt serv'l. tuomas nirris. Rnlstgh. Nov.10, 1683. The n-signaiinn having been read, Mr. Jot v kkk ruse and spoke aa follows; , rio, Mr. ftpoak.r, to xprs aiy vry sincora . regrst that Judi Hi ffin, for any rcrioh, sbauld kavo reslrn.t tb dislinjruisiivd position a oca . pie a Chief jostle, of Ike 8uprua Cart; aad I am folly persuadsd tkst this rserot wllUbo itvVf f.H lhroH;b.ut th. knjth and brmdtk t th. HtaU. . Ho is wall known, and ia universally admitted l be . one of tb abl.st jurists aad most b-ara.d judge of tbia ooantry. To omiaent abilitloa la tko iis okarfra of bis ufflclal dutieo, k has aailod tk at most uprinhtntiis, IndnpeaJanc and wrbantty, and a man ha left th bvuoL with a Dior, spoil., , pur and unlmjioacbabls cliaractrr. To his other diatluguiahod aisriu, 1 aisy b psmtttsd to bsv tlenlariso an iinnorlsnt fast, that lis has eontrlhwt ted ranch towards infusing into til uVl.laus of tk Hupram. Coart, a' high ton. ol aural feeling aad aeuliuiaut, pruiiucui th most bpn-6o'nl results.. Wha such (.nan, uailinK in kiustlf all tb. bl(;h and oininont qualiti.s accessary to form Snd sdovn the Judicial .hamster, rstires from th bsaoh, ia lh. full possesskm of tha aasst vigorous inlallaot, . , Ik. Ions cannot bs otherwise tk.a dnply foil, aad hi plan, most difficult to supply. 1 -T5 knowa Judg. RulHo for forty ysars. oar acqmlnUno karlug eowmsBMd In the year 1812. Living ramolely from a.h oth.r, 1 eaanot claim tk ' honor of being among th hamber of hit most Intl uitlo eoalidontial fii.uJs, bat 1 ant happy to say . that Uio klndtst relations have always subsisua . botwoea iisv without the (lightest inttrruplioni and In th ntirammt h now ., as ka any wi.hM lhat th rtmalmlcv of feis day atay b a , pssotful and happy, aa ki pat lift ka feme aU .. . a.utly valuable to th titatot '"" Slri iSpeator.liio' reignanoa ol oo dislii guished, faithful ind useful an oOiuor Judge Krrilttti at ihhy timsv Aaruuig tipuu me auddena " Iv and unexpectedly, fill me with emotion. -Th reaped and regard which 1 have Tor him urge me lo say nnielhing on Ihe occasion, . but air, I am unable to command word that would fitly express my thotighU and feeling. 1 foel, as I believe all' North-Carolina feels, a deep concern for this occurrence Ihe loss of the services of a Chief Justice, whose learn ing, ability and integrity have so justly aa. -cured ihe universal and unlimited confidence of hi fellow eiliten. For rrior than -quarter of eenlnry haa hi noma been identified with Ihe aihuiuisln- -tion of ihe law in North-Carolina, and which law, from hi extraordinary- ability, in pounding the me, hni gradually grown and increased, nol only in Ilia csteoip ol in legal profession but in the confidence of Ihe people , generally. - ' .' ' ':'' ' ".' ' ;' Although ins leaving uia nencn may oe li kened to Ihe withdrawal of the brighter lamp ' from onr path, or iho larger beacon light lhat ' secured a afe passage on our roast in tha nigh; time, a familiarity and Ihorough acqiiam ance with the instructions be ha already giv en, must and will l'oyyers to come bo a chart " to guide and direct u in much lately, and lr . which w shall .owe him a debt ol lasting gratitude The much ' thai he ha done. In stead nf creating a willingness thai lie simum retire, ha induced the greater anxiety that he should continue in Ihe public service. Whilst, , with others, I yield rislueiaiiily to yil on which he has determined, and Which mul produce Such universal regret in ihe public mind, I musl ever bear testimony to hi learn ing, pure integrity, and usefulness. ' Judge Kutlm, wuoso uauis all .orin-i.aro-liuians, familiar wilb hi character, have for year been teady and proud to pronounce, whenever and wherever the disiinguianea Lawyer of other Stales are mentioned, had passed from ihciBar to the Dench I en fine had personal knowledge uf him. In all hi p-vat and aocial relation, hi Christian character, and in hi industry, care and skill, in gricul- lurul pursuits, he ha ever prcsunten au ex- - mpie wormy oi an iiiiuaiiou. Ahhoiieli cautious nnd modorate in the e- pressiou of hi political opinions, md never ; the advocate of lrane or violent measure, . , .. I.-. , . i....... , . l,-t ir",rnk yei HO naa orvi7V otrru whomiik ,i .m-. -m -- pect and independence necessary to form aud express for himself his own view of political men and measure. . .. .. ; . Favored with an excellent undertanding, st the Bar, a I Warn from hi aasociatos, few if any prssonied tnlcni more proper lo acquire and preserve. The ucccs lhat re tulivd to hint practitioner, from hi in dustry and indomitable perseverance and re search,' should cheer and aniinale all who would Hsnir to be ercat and useful. lie wa generally courteous, reiHiful, and kind in nol un-lerstooJ hy the Seual.if; Il wa thai argument! and if on any occasion, betrayed he should mmee; ami wrnMiever Ashe pre-1 i)u rcc-klrssiicsa which (huughl llsell unue. M.nt,.,l th reoui.i.e oonulation. and Ihe wsn sl i.i-u-d aud shielded bv the ainiearanre of law ... . ., ... i--- . r nf lu-i- liaens de nauiieil It. It wouni t iiir.i iui nrei-autioii. would op iniiuti oi ns sun- die uw county, and mUill then. II row-1 terfuSeiy th; provisions of the hill. The rlu dm! hv dunmndiitz the ea and nay oul mens of brevuntiiii sparks would lie adopted I . f . I . - U. .1 : the bill. . . . ' i andfareiuiiy wanageu oy uie enginsnr, wiih Mr. flower replied briefly lhat in lesa than would he held responsible and lu-rned oO tor 5 year lh population wimld be iherni many I carelessness, cn, could not atv ml court bill" the lime eiocpi 1 Mr, C ildwell aaid if Ihe bill provided lhai at iho iUkofiheirlit!;ndurelMhennu?l,iiiabiliiy ahoiild be incBrn-d in ronso- would nut refuse to grant the relief asked by Iquenee of negligence, he would not have any the bill. '-.' lobiecllon to ill but it nude the company lm- Tk. o.,MM..n . .. ihen taken on the mm- hie whi lln r thoy were guiliy of negligence . of the bill, nd decided in the ncrmve.lor uot' aud audi bill ou4'ni noi to do pas- into, any such rxre. of steal a H provoke remark,' it wa from those who were excile.d hy his operior imctliictu il powers, and who. lor Ilia mouiepi, torgot liouiii ino u,-n, v..i, are lo be found mn weeds which even the ' diligent hand nf Ihe husbaiulin ui. fail to re. move, lit the diseharga of . hi dulio a a Judgn, lie ha given roncluaive evidenr of . hi purity (ud greatness, lincsted of pasi.n snd nevr biased wiih compassion for the or or laror to ihe rich, tin patiently heard ail panics lo the end, and then, 'itidjtlcrcii' a lo what men inigtil any or Ilunh, ucciuca aceordine lo what he bi-iieved to be Ihe e- aj oi tn uin, .nu ,'v,-im--m. ;,, ,ii ,.a " . ,. . ; . . . ., . ,. t ,i ro'unty wa r iwled ' The nipeudilienl wa rejcdeit. lh: ihe reprts of Iho Supreme Court lor die Oil motion of Mr.'llnmdcn, thrbillt. m'akr 'I II hill was lllcu put ujM.lt il, pawag,., ...d last lw.-i.iy car slid wore will hear l. siiiioh .! i . i . : .... I mi i.. iv tit.' u lihiur urn urlh (.iiriiliiu hjll r fill ail at Out the damage! . ' JtSeviltt S'tut. (.! '
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 24, 1852, edition 1
1
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