roi. I I .
Statesville, N. C, Friday, Deceml)er:3, 1858.
No. 1.
ll
:
A:
GOVERNOR'S il ESSAGE-
t we Honorable the Generd Assembly
for mate of JYorViVcisolina : :
e meeting of the representatives of
he people iti General Assenfblj is al-1
ray a matter of public interest. Cloth
Cat they are with the exclusive law
iking power,-of. the Statejj with no
eck upon Its exercise,: when constitu
aalfy employe J, save that of public
iqiou, and with authority also to' elect
rsons to fill high and important sta
rts, not only in the State, but in the
unci's 'of the Federal Government, we
n well eee w'y the assembling of such
body shci.lil.;iexcite the liveliest nter
t Bill whi! this has been ufeualry
e case with . regard to Legislatures
hich have preceded the present one, it
rii!(huiiciliv-80 2S tO this ; it-'i
Questions of Stale policy and dut)', of
ry grate importance, it is Known, will
8, presented to ) on, as to some of which,
otibt'ess, much diversity of opinion will
e found to exist. - f) j J ,
;)In a government constituted like ours,
hese dillere-.nces of opinion Will always
nevail, not - only between political pars
ies iiito which a community may be di
;idd, but between the members, even,
f the Varae party organization. Such
JifTerences, however, are but the result of,
that freedom of opinion to which all are
entitled, and for the proper exercise of
which no aue ought to complain.
f I douLt not thatjou will be prepaied
to give toall matters upon which you
may be called to act, a careful consider
ationj and i trust in doing sol your coun-
eels may be so guided as to
promote the
Neo
cihi
eoeral wtllare ol the, Mate.
In the dis-
rge of my duty, I shallj In (bis com
murjicaticn, lay before jou
such views
as I deem
and suggestions o( ray own
; suitable to the occasion.
The first subject to which I invite
;lJour attention ,is the very important one
I of the State debt and financ .t
j ' In reply to a; a resolution of the last
3 General Assembly, the Publ c Treasurer
reported the" bonded debt of the &ate to
be, on the 13 h December, 1866,
1 ' x 15.153.80? 66
( Ut which Has been since paid
; . a bond tOHhe Trustees of
the. University of North
Carolina,
,000 00
1147,802 55
This debt has
been niiiee in-
creased by tha .
. amounts and for
:
Consolidating
fnteret with
I , principal on
; bonila to Lite
rary Board, by
; resolution of
, - the last Genei-
al Assembly, -
- v
h '
25,2021
pond to bank ot .
-: Cape Fear, for
.v loan, . .
Bonds for Fay
! 7 ettevitle. and .
-' i Alb emarle
Plank Itoad,
Fayetteville &.
41,000 60
i
20,009 00
. I Warsauv PJ'k
l IT
6,000 00
21,000 00
Xuaatic.
AsyN
Atlantic and N.
Carolina Kail
itoad for bal
' ance or sub
i- scription,
Lunatic Asyl4.
urn under act
of last Sehsion
"for enclosing
: grounds, &c-
SubBc'riptinn to
v Chesapeake &
x ltemarle Ca
eb,5oo oo
2SftOO 00
n al Company, 250,000 Off
tLoan tuAlantii$
and North Ca
, rolina U. Koad
Cpmpany,
AVern North
: Carolina Xtil
400,000 (0
400,000 OQj
1,731,70? 45
86,879,505 SO
Mki the bonded debt ot the State
upon which h.e is principally liable at
this time, six millions eietat hundred and
seveivty-niue thousand fivg hundred and
five dollars. Oi this amount, the pay
mint of the principal and Interest, of the
turn ot $-100,000, loaned in State Bonds
to the A'Untic and North ICarolina Rail
lload Company, is secured! by a deed in
trust on the road 'and othr property of
the Company, in conformijty to the Act
of the l6t Session, authoriiztnff the loan.
So far, the Company has
tailed to pay
It is hoped,
the interest'on the bonds.
however, that, when fairlj
in operation,
it will be able to do so, and relieve the
Mate to that extent. jj
I will state also that, for two years last
Vj-the (State has been compelled to
iiih-icos upon uonuB oi me vape
rand Deep River Navigation Compa-
JlV for 1300.000. bv rPOftnn nf h.r .n.
dorseoieot thereof, and that she is liable
Jn like manner for the ultimate payment
of the principal as it falls due, one third
in tbe year 1865, and the like amount in
1875, and the residue in 1885.
Under existing; laws the State Bonds
are to be isned as follows : ,
For balance of first en burr ipf ' ,
"Una Rail Rod,. f j
Jor . subscription to f same,
made tOtti of Aeguat last, ,
under Act of last Session, - to
J complete the first section of
i the lioad to Morgauton,
f 200;000 00
440,000 00
...jj- J:ffi'.': r": . MakiUjg . S64C)00 00'
ti -These bonds, in i all probability f will
be called for ind issued before the meet.
jng of the next General Asssnhly.
V"'
' It is proper for me to state also, that
there has been, for some years, a float
ing debt due bythe State, kept On -foot
from year to year, by resolutions passed
from time to time by the Legislature,'
authorizing the ' Public Treasurer to
make temporary loans to pay the liabik
itiea.of tbe State, and which loans have
been annually paid ofi upon the coming
in of the public taxes. The amount of
this debt has been gradually increased
by the payment of interest on these loans
and the excess of appropriations over
the receipts from revenue, until it reach?
ed, near the end of the last fispal year,
about 8302,418.
This debt has been a serious inconve
nience, I may say, in fact, an incubus,
upon the Treasury, and will continue to
be so, unless some permanent provision
is made for its. relief -
It b tr.tn m rtokt E4i A icfVl O TflOl Oil t
of the incoming revenue at the end of the
last uSCal year, OUl H uaa icii laiuuui
in the Treasury to that extent, which,
must be surm ted bv new loans, or in
some other manner, before the incoming J
nf the revenue for the present fiscal
year. In fact, it is the opinion of the
Public Treasurer, as you will see from
his estimates,' that,; if temporary loans
are. resorted to, the amount of floating
debt this fiscal year will exceed that of
the last, and - that about the sum of:
i400.T)00 will be required. This amount
taken from the revenue to be paid ai the
end of this- fiscal year, would nearly
empty the Treasury, and leave it without j
means for the aext twelve roomns.
The monetary difficulties experienced
throughout the country in th fall of last
year, and for several successive months
thereafter, fully proved the impolicy of
trusting to the resources of such loans
to preserve the credit and honor of. the
State. It give6 me pleasure ro say mat,
in this emergency, our banks, with some
two or three exceptions, came to tne aid
of the State, and thus enabled the Pub
lic Treasurer to meet all her engage
meots. It seen.8 to me to be a matter of tbe
first importance to relieve the Treasuiy
from this burthen and to place it upon I
such footing for the tuture that a like
hazard may not be a second time incurs
rf(. '
"Of the bonded debt of the State, of
which I have giveni a statement, there
will fall due of priocipalrfrom tune to
time, in the year 1856, $20,000, and on
1st January,' i860, $500,000. Prdvi-
sion must be made by. you at this season I
to meet'these debts, and 1 hd.ld it almost
as imperative that you should also pro
vide. for tbe floating debt, as e6timsted
by the Public Treasurer, making togeth-
er about eleven hundred thousand dot
lars. . How it is to be done is a matter
well worthy the consideration of every
orre who has at heart the best interests j
of the State. We cannot raise the amount 1
1 by taxation in the short, time we hive to
. - " ' " I
dn it. without imnosHifT burthen tnat
would fall heavily ou the people. Nor,
under existing circumstances, is it at all
probable that the amount'could be ob
tained bvoan. upon such terms and up-
on such time as would make it desirable.
The time was, but I thiok it has now
naisnd. when the holders of these bonds
Lwould readily have exchanged Ihem for
f State counon bonds at lone date. It
i ' , y .. -.1 .
seems to me, theretore, tnat, wun our
oresent resources, almost the only alter-
native left is to make coupon bonds ol
. - - " ' .1
thSnktpnt longdate, with a provision
in the bill authorizing their issue, to cre
ate a soecial sinkine fund sufficient lo
pay, and inviolably pledged to pay, these
i bonds at maturity : and that the bonds
I MM.
should" then be sold in the market as the
money may be wauted at the treasury.
Judging from the present prices of our
bonds in market. I believe that such
bonds, with a fund pledged for their ut
timate payuunt, would sell for par, if
not for a premium. I shall be much
pleased if a more feasible scheme for
relief than the one suggested, can, in
the circumstances in which we are pla
ced,' be devised by the Legislature.
The books in the Treasury Depart
mentisbow that the revenue of the State
k. enlo nfl
State bonds for the two fiscal years ends
ina thi 30th of Sf rtinihr last. waa. for
the .vear 1856,7. $512,205 2. and lor
the year 1867-8,$507,450 34. ' :
ft shouLd be stated, however, that
about the sum of seven thousand dollars,
parti of the sum "first named, prohabty
UTn'nol tA thp- vpar 1fr-7 'not havinb
u --,..n.. k
it should have been, before the end of
that Knl Pr whil- ahnnt th sum
of $4,000T should be added to the se-
cood sum. named, for defaults by sheriffs,
whirr, ill ha nrohahlv collected during
the present fiscal year. These amounts
of retenue compare favorably with those
reported to the last General Assembly
for the years loo4o and iooo o.
' Should the revenue continue the same
for tbe present and next fiscal years; and
ponds to the amount of tbe floating debt
be disposed f,' the Treasury forjhe two
years would realize about $1,400,000,
an amount, in all , probability, sufficient
to pay the ;ioterest upon the existing
-State debt, and also tbe current expense
Les of the State Government. But as to
this I do not wish ; to be considered as
speaking with absolute certainty, the
estimates at the time of preparing this
statement not having" been completed
6y the Public Treasurer.
. By an Act, of the last General Assem
bly it was made bis duty to furnish
estimates of the expenses of the tstate
for two years next succeeding the last
fiscal year; and with a scheme in the
form of a bill to
sustain
such estis
mates."
This will beMaid before you
at an
early day in the session.' 't . i
Should the form of the 'present reve
nue bill be ietained, I would again, as
I did in my last regular message, most
respectfully remind, the Legislature that
there are many difficulties in the con
struction of parts of that act, which have
from time to time been presented by the
collecting officers ol the State and others
to the Treasurer and Comptroller, and
which should be rendered plain by a
new or explanatory act
It would be out of place to detail
them here, but they can be pointed out
by those officers to your finance com
mittee. '. 7 ' " ;..,' '
1 reneat what I before stated,! that in
cases of doubt the State is generally
. . . . - .
iuc tuscr, as i-uutuiug uuitcis nin uui,
in such cases, enforce the collection pi
me tax. at tne nazara.oi a suit, snouiu
they mistake the law.
l aesire also to can yeur attention io
the present mode of assessing lands for
4 . t1 ' t- 1
taxation, livery one wso baa given
any attention- to the subjectmust have
become satisfied how imperfect it is, and
bow unequally . such assessments are
made, not only .in different counties
whose lands are known to be of theaine
value, but that sirch assessments are
quite as unequal and out of proportion
to any fair standard of value, in the sev-
eral districts ot which a county is com-
po-ed.
If the present' system of valuation is
retained, I think this last evil may be reL
medird in a great 'degree by requiring
the assessors for the several ' districts
comprising a county (o mfet jogether as
a ooara, alter the assessments have been
made, and before they have been re
turned to court, and -the Board so com
posed shall , examiue and
ibe lists, and have power
compare all
Io increase
or diminish any assessment, i rs to
majority of them may seem right and
proper, ice ml so corrected to be re-
turned to court as now required by
law.
In .my rrfiolar- -i
General Assembly, I urged upon them
the policy of creating a sihking fund
for the ultimate discharge of our State
debt. M take occasion to renew the re
commendation then made. The bill
passed at ibe last session, inadequate as
it was from 1 (he smallness find uncer
taint j of the fund pronded, fcvas a step
in the right direction. The fund, though
small, affords a nucleus arou'nd which a
larger one may be built tip. j A Boaru
of very able, and experienced gentlemen
were appointed to manage it who have
heartily undertaken the important tr-ist
connaed to-jniem, ano wno win notion
less lav before you valuable information
and suggestions as to its increase, whut
I:
amount will be featured trom year to
I year to meet our debts as they (all due,
and as . to the heist, weans tofjbe adopted
for the preservation ol thefpublic ere-
dit.
The Railroad stocks belonging to the
State, and not before appropriated to
other purposes, constitute the chief part
of the sinking fund. Tbe receipts so
far have been mainly, if ijot entirely,
l t jr-j .i : .t.
irom uivioenus ueciarru uu uick hi uie
Kaleieh and Uasjon Kailroad Company
It was hoped, j and, I peieve, generally
' . s i 3 ri
expected, that, alter your last session
1 dividends would be made -By the North
Carolina Railroad Companyi at least on
the preferred stock held by the State, for
ber last subscription ot one million ol
dollars. - In relation to this a. question
has arisen of some importance to Jthe
iSjfbt as well as to the individual stock
bolder, and to' which 1 deein it my duty
to call your attention.
This prefen ed stock wus taken bv
virtue of an act, cb. 32, Liws 1854-5,
entitled " an act for the completion of
the North Carolina Railroai and by
which it was, among other things, pro
vided, that, tbe jSiate shall be entitled
to six oer cent, per anntim, payable
semi-annually .thereon, outjof any divi
ftonls nf nrnfijs made bv said comnanv.
k - a i -
before any dividends shalj be paid on
I anv other '-stock in the same."
In the two last annual meetings of
the stockholders io the Company, it was
insisted? by Judge Ruffin.th State proxy,
that out of the receipts, over and above
the necessary expenses of Operating the
Road, the State was entitled to have 8
I diridpnrl oo her preferred stock and
that such receipts were noti properly ap-
oltcable ta the payment oi debts ol tne
Compaoycontrancted anti cedent to the
-passage of the said act, or to new wors
to be constructed. Or if to the latter,
I they were only applicable to "such as
were indispensably necessary to operate
the Road. Whereas, the reports of the
officers of the Company j showed that
these receipts were sufficient to pay a
dividend to the State, in ach of these
years, but that, they had bejpn applied by
the officers of the Company to the dis
charge of existing deMs,and to the con
struction, account. The: officers and
stockholders in tbe Company took a dif-
ierent view of the matterJ and insisted
that the lond had been properly and le
gaily applied, and that the State had no
just claim to have any dividend, under
l 'pu I .L-k
tne CircumsiancFS. , liiwii tiuy vi me
State reported these facts) to me, to the
end that I might take such action in the
premises as in my opinion the interest
Of the State might requiri Irthe cqji.
flict of of opinion I did Dot deem it ?dv
visable to take any steps, to as?ert the
claim of the State, but concluded to sub
mit tbe whole matter to (be General As
sembly for such directions, if any as
they may think proper to give. ;
At your last session a . bill was passed,
tendering to the Bank of the State a re
newal of its charter. At a eenera! meet
ing of the stock holders in the city of Ra.
leigh.tbe matter was taken into considera
tion, and I was informed that they declin.
ed to accent a renewal of the charter upon
the terms contained fa the bill. As tbe
charter under which the bank is 1 now do
ing jbuBiness will expire on the first of
January, 1860, although by law it is allow,
ed three years after that time" to wind op
its affairs, it will, in my opinion, be highly
expedient for the Legislature, at this ses
sion, to cba7ter some inst iuton of the kind,
to take tbe place of tbe BanK of the State,
suouiu ii go into jiquioawon. - w t. some
times been suggested that the capital of
the bank of Cape Fear might be increased
to an amount sufficent to supply banking
facilities to the community, and furnish al
so the means of making safe and profita
ble investment of that portion of the liter
ary fund now invested in stock of tha
Bank of the State. But it is uncertain
whether the bank of Cape IJear would ac
cept of such a proposition, and if that dif-.
ficulty were removed, it seems to me such
an arrangement would be objectionable.
So long as we have banks ( discount and
deposit, it would, in my opLiion, be highly
impolitic . to build up one overgrown
institution which would have the power,
in a great degree, to control tbe monetary
affairs of the State. The same amount of
capital divided between two hanking in
stitutions, with branches in different sec
tions of the State, would "be, better nd
safer, a6 each will act as a check upon the
other. I have no particular recommenda
tions to make as to the amount of capital
or of what it shall consist, or as to the de
tails of any charter to be granted- Many!
schemes will doubtless be submitted to'
you, and I shall only express 'ihe hope;
that you vi-illSje able to select one, which;
while it wlir hold Out to stock holders ai
reasonable hope of fair profits upon theiri
capital, will at the same time afiord amplel
ftci'ilies to the public. Nor should it he!
forgotten that such an institution, properly!
conducted, will be able to render importJ
ant aid to the fetate m iKj mm?-.nr
tit-f nuances and payment of her debts
Our existing laws regulating the rate
of interest on money lent, and attaching;
penalties toheir violation, have lately, to
some extent become a topic of discussions
Tho policy of such laws has been seriousf
ly questioned. Ve live in a highly comi
nieicial age, and it cannot be denied thaji
in nu.-6t of the reni commercial, centeri
of. the world, the vaiue of money, or ia
other words the ratevof interest paid for itfi
use, depends upon thp htipply and thde
trnttd, and (lie risk incurred by the lender),
and, that ail attempts, fy law, to confine
the rate of interest in certain filed n&
prescritjpd limits have proved futile. Sucfa
bein the case, it has been deemed a wi
er policy to rnuve trie restrictions as tf
th; am', tint to lie n'vj i'r the loan or for!
bearatict ot misity over atid almve a cer?-
t Alii hied tm'xf. wiit-re special agreement
is mad, and thus Io allow money like
property to seek its ow n value. j
It ii KHid, hut how-truly I. an not sufiicB
eiy informed '.o say, that yarpc amounts
of capital owned hy our citizens have gone
from our Site to seek moreprofitable in
vestment in otrter States, where the rate
j)f interest are not .restricted ar by our
law, and that guch will continue to be the
case to our detriment, j It may be doubted
whether at this time capital employed in
most business enterprizes in the State,
paying a greater rate of interest than that
no filed by law, can be reasonably ei
peeled to remunerate the employer. ' But
however this may be, it may he wellques
lioned whether the State should ateji hi
and undertake to say what contracts may
or may not be entered into by her citizens,
or upon what terms they may engage in
any business enterprise. Without expres
sing a decided opinion as to the policy of
our existing laws, the subject is one of im
portance, and as such, I recommend it to
your careful consideration. j
I transmit herewith reports made to roe
by my lequest by the Presidents of tbe At
lantic and North Carolina Railroad Com
panies, the Western North Carolina Ray
road company, tbe Chesapeake and Aliei
maris canal company, and the Cape fear
and Deep river Navigation company.te
only works in which the Sate is interested
as a stock holder, which are now, or have
been, in a course of construction since tile
adjournment of the last Legislature. j
These reports' are not ai full as they
would have been, had more time been al
lowed in their preparation ; but they may
serve to show the present condition jof
these works and of the companies. j
' In a short time I hope to be able to pre
sent to you additional reports from these
companies, and also reports from other
ompan?ea in which the State is a stock
holder. I forbear to comment on these
reports as you will have ample opportunity
to examine mem wnen primea ana laiu
before you. i
I have so often expressed Kay opinions
to the Legislature on the subject of intcfr
nai improvements that I deem it unneces
sary to repeat them here, i hr-ugh W
nave incurred a heavy oent m tne con
struction of works of the kind, it is uol one
by any means, beyond our ni.il it y to pay.
Whether additional approprfiations shlill
be made at this session -stic. far what pur
poees, is a matter which properly bel.rAs
to you to determioe, aid with you I shMi
leave it.
, During last summer a lrd ot Corn
missi'-'iier" appt ioted by The jScretajy t
the avy, u:idr a rtai'luii n t-fthe 8en4re
otthe U.i;i'e) rs t.. res, vi:t-(l lrfe IJt-ep lip-
er cotiniiv with a view o! icrertaiiiine its
machine ?bApS foflth msfeuiicu.rW-'o.frna
chinTy for jke Uni'M ;at- Ti&fy. j At
the head of this commission . was Capt.
VUkea of the Navy, a gentleman dialing-
unshed not only in the line of his prates- I of
sion, but as a scientific explorer ' I felt it
my dut y, in con nection with many of our
jcitizens, to extend to these gentlemen such
jcivilities as I could offer.
A report will be made by them to the
Inext Congress of the United States, and 1
lhave every reason to believe that it will
be of the most satisfactory character, as
far as the existence, iii that region, in the
greatest abundance, of iron, coal and oth
r necessaries for a government establish
ment of the, kind, is concerned. Indeed,
the examinations made during the present
year, not only by scientific men, but those
having a practical knowledge of such mat-
tecs, nave tended more and more to bring
to light the immense' mineral resources of
inai remarKaoiexrBgjon.
' Some of these gentlemen I have seen
and conversed with, and alt concur in these
opinions, snd especially as to the existence
there of immense quantities of the most
valuable kinds of iron ore. j To develop
this wealth, however, there was but one
opinion also as to the necessity of proper
means tor its transportation. With ade
quaie railroad and water facilities, no kind
of doubt was entertafned by any ot them, as
to the rapid development of the coal and
iron interest, and that it would be speedily
followed by others almost as important.
I deem it my duty- to call your attention
to the militia system! I regret to say. I bat
we have scarcely any military organiza
tion in the State,feexcept what is to be
found in a few volunteer companies. But
few Regiments exist that have officers, or
that are called out at anytime to perfor m
military duty. Should an emergency arise
requiring the employment of any consider
able military force, fwe should, for a time
be almost powerless for .the waul of any,
organisation- Ifafwell regulated system
of niililla he of the nr6t importance in our
system of government, (nd such has
been-the opinion of'our wisest men, both
civil and military,) Ihen something should
be. done to infuse -vitality into that of our
State, so as to Dlafe it in a condition.' if
not of positive emcaencyas a military bo
dy, at least in one in which it might be
made available, and jits efficiency improved
as occasion may require. have no ex
pectation that unde!r our -present laws or
any amendments tfiereto likely to be adop
ted, any highjdegrle ol military discipline
or SKITl in itre drill .M" w caUinr ran be at -tained.
Nevertheless, I entertain-48 little
doubt that if our rerenl law, with some
modifications were enforced, the .system
might be' placed upon a respectable fnot-
Cically speaking, i ilhout a bead ; and 1 !
assume it as a fact! which 1 believe cannot ;
mg. Uur presentjsyslem has oeen, prac-
be successfully controverted, that no miliy
fary organization ean be maintained with
out an active and f fficient head. Nomin-
.ne vjoveriiir l me Mit5 is ine com
mander in chief of the militia, and the or
ganisation of thejjsyslem seems to have
beee. designed by Our laws tb be maintain
ed through and by means of an Adjutant
General appointell by him But the pay
of that officerftwp hundred dollars per an-
j nim,)is so small, that no onecan expecthira
under existing cirjum stances, to devote but
a small portion of fiis ti me to his military
duties. To give efficiency to the office, the
py 'should be such rt to enable him to de.
vote the whole or 4e greater part of his time
to ite duties visiting 6uch parts)f the State
as might from timp to time require his preJ
sence, ana iniusrng vigor wnere laxity pre-vailed-T-reporting
o the Governor jas often
as-necessary the condition of things, whose
duty i: should be to cause the laws to he en
forced, and to maintain a general supervis
ion over the whole system, lois, witn a
simpler and morej direct and easy manner
of vacating the offices of Generals of divis
ions and brigrades and cauaing new elec
tions to be held to; fill such vacancies where
the holders of such offices failed to equip
themselves and rcjview their respective com
mands, as required by law, would, 1 believe
soon restore the organization which has been
lost, and open th4 way for further improve
ments. It is also believed by many, and in
that opinion 1 concur, that a serious blow
was struck to our militia system by exempt
ing from ordinary-military duty all above the
age of thirty-five instead of forty-five years.
1 submit these views with. the utmost de
ference. Tbe subject is an important one,
and I recommend it to your attention. Unless
something is done the whole system had as
well be abandoned.
In this. connexion I be to renew the re
commendation made by me Io the last Gen
eral Assembly, that the Gorernor of the
State be empowered tofurnish arms from
the State Arsenahr forjhe use of such schools
in the State as may apply for them, bonds
being given fortHeir safe keeping and return
as now required jpf Volunteer, Companies
1 transmit herewith the .Report of the Di
rectors of the Insane Asylum. The Report
contains - important suggestion and recom
mendations which will bo doubt receive, as
they deserva oor careful consideration.
The last Legiafaiura repealed the law im
posing a tax of one and three fourths cents
on every hundred dollars worth Of land, nd
five and one-fourth cents "on every taxable
poll, for the support of the ABylum ; and for
that purpose, appropriated twenty ihoasand
dollars ior each f the years, 1857 and 1858
to be paid out oflthe treasoty. No provision
was made to raise the forly .tpousaad .dollars
aDDtOpristed, eave that ihe several counties
having patieuts fa ihe Asylum were requir
ed, aa they hadf been be-fcre, through their
County Court?, & levy the; amounts charged
and 'due for their, support, and cause them to
becoiiee:ed amtpaid into the public treasu
ry with other oujWic raxes. .
Oa the firet otU uly iasti the Siiperinten
dent cf the Asylum reported to tie public
treapurec the couires having patif nta at the
-I V50' d he sia ifs rctiyely du
sum pt 1 1754' 57, of which the Sheriha
paid in, with the public taxes before, the, end
the last fiscal year, the sum of $7,109 62,
ahowing that the eounties are yetiii.arrear
for patients at the institution, to the first July
last, $10,&44 95, without including anything
for support of the patients since that time.
This fact folly proves thai under the existing
law, the eounties cannot be safely relied up
on to reimburse the Treasury in such cases.
It is tree that the law provides that if the
tax shall not be paid by any county witmn
twelve months after it is doe, the President
and Directors of the Literary Fond shall de
duct the amount thereof, from the share of
such county, . in the common echoo! fond
next to be distrlbnted, and pay the ! same to
the public Treasurer.
This, itself, would be a serious Bvil, as it
would deprive the common achoois of part
of the very inadequate sums .novr set apart
for thir support And besides, lahould' a
county fail to pay , it will be at least eighteen
months after a patient is sent tothe Asylum
before the State can realize any thsng intbis
way 40 ma ojppuii. . '
As the act ol the Jast session was limited
to two years m its operation, further legUjla-
tion will be required at this session. If the
Legislature be disinclined, .aa it has been
heretofore, to make the Asylum 'a ehaige
upon the State at large, then, at seems to me,
that some more efficient means should be
adorned to enforce Dromut oavtnent by the
------ . j 0 - Z-7 :
counties-otherwise the support o lhe inatis
tution Till seriously embarrass the operations
ot the Treasury
I apprehend that it will be found difficult
in practice, to have a State tax, in a county.
levied and collected, promptly, through the
agency of the County Courts. Such modeo
levying and collecting a Statetax would seem
to be an anomaly. 1 ean see not: means of
. s
effecting a prompt collection of such a tax
on counties, except through the direct inter
vention of the officers ot the State.
Should the tax be continued on land and
polls, the means would be furnished in the
Comptroller'- Office of ascertaining what per
centum upon the lands and polls ol any coun
ty, would raise the amount due t the Slate
by that County." By the law, asj it now is,
the Superintendent of the Aarlurtt is requir
ed to notify the Public Treasurer of the a
mounts due by the several counties. It Seems
tu that a law ' may be so framed as tP
have the rate of tax ascertained jpn land and
' polls, (being always sufficient tooOvor any
! loss for insolvents,) snd that being reported
to the Fublic Treasurer, it may be m de his
duty to issue a warrant to the Stierifff the
county, whose duty it may be niade to col
lect the tax. . .r, . -. - r..:
I submit these" snggestions. fair your cons
deration, . Of course the details should be
such as to protect the counties aa well as the
j State, requiring the Sheriffs to pay to the
Stale only the amount due and jto accouut
Tor any overplus collected to tne counties, ,
The reoorts of the Superintendent of Com
mon Schools for the last and present year will
be laid before you, to which I refer you for
information as to the schools. That officer,
with bis usual industry, soon after the rise
of the last Legislature, made a (pgest of the
awa on the oubjecl of Coramoa Schools, a
which, as well as of the
aws in full, was published bpithe Literary
Board and generally disseminated through
the State. With much skill ana care na al
so1 prepared a Common School Register,
which was publishecDy oroer ci ma poaru
sufficient numbers to furnishf one to each
school in the State. The ost of Ibis publica
tion was considerable, but the Register will
ast for six or eight years, and will tend
greatly to promote order in thei schools and
uniformity in the system throughout tne
State. 1 have every reason aoj bslieve that
th avitem is aa imnrovins on, and that
we shall realize from it tbe most benebcia
results. Experience has'sbown from time to
time wherein our Common School lawa were
defective. The legislation of Me lt
sion, I am informed, had a salulary effect in
curing some abuses, and some further legis-
ation may be necessary. But; 1 preier to
make no particular recommendation a on tne
subject, as the Superintendent, from his
. . . a, 1
knowledge ot the practical working of the
system, is better quaimea maQ t am to sugN
gest such amendments as are peoessary
The amount distributed, by f the Literary
Board for the last two years forXomoion
School, was tbe same as that tor several
preceding years: that is to say about the sum
of $180,850 per annum.
I transmit herewith a certified copy of a
law passed by the Legislature oi the State o
Virginia, proposing a joint commission torufi
and mark the 'dividing line between . that
State and the State of North Carolina, from
the point wb re the dividing line between
Pituyvama and Henry counties, m tne state
of Virginia, intersects with the North Caroli
na ine io the Western limit o! this stale. ,
It wiU be seen by reference jto the map of
this ate, that the proposed sftartiag point is
in the northern boundary of the county of
Kokingham, and . that thejliho extended
west passea also along the northern boendary
of the counties of Stokes, Surly and Ahe.
I am not informed whether the whole
boundary between the two Elates, east
of the proposed startiog-point ia known
and aiidiiputed.-. . .. ,
It is hardly necessary J&r mejio sar
that it is highly important that the boun
d ary between tbe two Slates should be
settled and defined. While it t is jia dis
pute, questiooa invo(ncg lihe ngbu and
duties of citbBenship, aa well as . title to
property, will frequently arise, c and it
ml moreover be exceedingly difficult .to
bring ofleodera against the criminal. taws
to justice, becaose, in eyeryndicimenti
u iS Beceswy.u, ever 'iuB Wtnyy,
toe ovate, s pm w vciuus,
laid4)etore a conviction can be. made. ' .
The Terr imperfect' manner ;in which '
the! dividing lines between ahe" older ,
States of the. Union were originallj ton ':
and marked; lias been the; aoutce of
Httlejtrouble arid contentionj 1? r t L
1 Oup Rill nf notita m nnt the bOO&uV
4:iesot tbe State, and atter aescnoing
.1-' J-'. LJ. mm -fl?
we aomuera.uouuucrj, p;wcua ,
lows; ; ,i. .. I-;.:...
"Therefore W the territortei, waiV
waters. and harbors,4 with their appor- v
leaancea, lying oaiween ioc hoc mu
described and the' southern line of the X
Sim of, Virgfaia, which begins on the ,.. '
aca shorel to 36 degrees and 30 minoiea ' 1
ndrth latitude, and- !rbm Ithence? ; rnbs
west agreeable jo tne 8a a tcnnerj.pi ,;
King CharleaV4re' the' right 'jancj; propeirty " v
of the people' of this State, to be held by
them m sovereignty any partial Une' -
witnotit toe consent or ice iegisiaiurc ui -this
Stafe, at anyrtime, thereaner directv "
ed or laid biif, in any wiie notwtthatandi
After receiving the proposals from the .
authorities of Virginia, I Was induced to
examine pur early archives with t tiew ' !
of ascertaining what evidence th'ej might
furaish from which the line between lULis
State ond Virginia, es onginally' tun.
It appears that after 'many difficulties ..
and disagreements'between the authori X
ties of the two proirinceSffari agreement
was made," subretju'ently sanctioned by ; s
the King in council, for the irunhinr of
lit line, and that; Wm?Byrd and btheri,
on the part of Virginia, and Christopher
Gale' and others . on the part o! Worth ;
Carolina, were appointed commissioners .
for that purpose ' The jine was comvy.
menced in the monthbf lMarch, ,1728,t j.
on the north' side of Currituck Inlet, .
whibh, ay bbsert Btion,! was ascertained,
to be in about 36 degrees thlrty-onej"mi-
autes north latitude. .From tnence! ht v
line was extended dnejnrest, making'al- 8 .
fowance (or the variation of the compass,"
to the Chowan Riverwliich Vasjnterji
sected about half ;"m 'mile north jof.the
mouth of the Nottowaji' The Hne.Was?
then turned down : the Chowan Idl the'
mouth of the Nottoway, aecordngIt6he y
agreement, and from "the mooth' qf )h
Nottoway, was acam exlendedV due west
to the wesf side of the. Meherriq' nivjer,
about two miles from the point where. U wsa -
nrst intersected, the line crossing the nvt e, turts
limes in tbai distance, llcre the'eommisiioners '
agreed to suspend, further operations" until the
ensuing fltr having first made out !and signed
Jo plies te maps ana discriptite reports ' of tha
A full report, as to this part ef tke litis , Is le'-'
be fouad in the journal of tbe1 proceeding of the i
Governor and council under tha Proprietary gov."!
eminent, now in tha office of secretary of state?
I have not been able to fiod.aay account lot re I
port of the extension of th liae frtht-Vret a$
mong our archives, which, however, at that ear.
ly day, are quite incomplete, j It is highly proba- , .
ble, as the Proprietsry government ceased sooa.
. A'ji' l .'. .t.' 1.'. . ' '- -v -"' : m 4 -f ' " t.
aner, mai ioe suosequeni reports 9t ut . COD",
missisners Were transmitted to the royal govern f..
meat, and can only be found among the papara ,
of the colonial offica in England f M :K:'.
William Bjrd, on of the VirgiaiarCmiais!-
sioners, left a very full and interesting accoontt
of the extension ef the line, not published until -
the year 1841,' under the ; title of Westover
Ksnuscripts" snd from, which it appears that-
the Commissioners resumed their, work jin thef
aomh of September, 1728, and extended the tint
eoojeinxly, to a point on the Hico river, fiow la -the
codnty of Person, I believe, when tbeNorUY
Carolina Commissioners and one of tha Vi'gioia
CommiMionere declinea to! to farther, pn jhe -f
round that they were already fsr jn advaae of,
tbe etilemente--and that duplicate maps of the'
line were made out and signed as before, and the
North Carohoa Commissioners trtornti horns. 1
Whereupon the Virginia Commissioner 'alone
cob tin aed tha tine some , seven ty- X wo ' erf ' ; three , '
mile, farther west, crossing the Dan several times
and farther oa a large stream which they called
tha Irrnio, and term in sting not far, from-tha
monntaias,bn a ri volet whichraat wilbj as'wmV .:
couree towarde the sooth, j tasking tb whole J
distanca, as eompatea by them,' from th tee,
ehore to (he terminal of the line, 241' tnUti iui ;
303 poles. This terminus I oelieve to be )n the
preeent county ofStokoai The writer farther' h
sutes thai peats were pat down to shew jibe line
at tnecroeaing at: the roads, eat' thfrugh' the -forests
the tine was merely chopped on the trees
..5nteqaeD( aeceuats state: that taa Ras was
tzleaded about the jest 1749, Joahaa Trye
sod Psur Jenerson, on the part of Virgmiasnl . -ban
iol .We!3on and Wm. Chorton in ihe part
of Nerd. Carolina, from Peters',, areek . to 3tee '
Rock creek Poiers creek is propably ta same
stream, or near tha samS stream as that upoii -
which the' former commissioners on the part of'.
Virginia terminated their ( lies. I have tiot been .
able to ascertaiB'wnetber 8tep RoCieekf -
ia east er west of the present western boundary v
of the But,' nor o find endsr what authority " '
the eenueisaioaers last tutoiod acted, In iextend
ing tbe line. .It seems, ; however, ia havoleoeil
indirectly sanctioned by the Ceaeral AmmWj :
of this Bute io 1779. . tea Rev; UM YS
p. 82, whereby ; Richard, Henderson bthere ;
were appoinud commUsicneis te act with otherj '
from Virginia, to , extend, end mari; tha fin be
tweea the two SrSUs' beginning' wbera Joshua -Frye
sod PeUr jsCorsba,' commissioners eo tho 'i "
part of Virginia together with. Dani'et ' Weldoai "-V
and Vta.Chorton, from North. Carolina, for
taerly appointed to run tiie eaid fine, ended thel
work; and if the! Im found to be truly ln tho . :
latitude "ef thirty-eic ' degrees thirty lidxiBtia
sortkyi then to o run rVesa: thence tdue et; to ,7
rsnnseweor theOhia v; or, If ta ejlonnd ."
not te betrefy in thietUudetfth(rtyiis 'do
greee thirty . sainateo north, then , to rpn Cross .' j
said place duo north or duo sooth into said ltd.
tude, 3nd lhence duo west to th eaid Teoaet
eoor. Ohio nvor,3 .j.ij "J-hH .-t,-f
v Thomas Watk ana William BmftS werO : .
tho commissioners on tb part; of; Virgin iktl
have, oot been able tcr tod any report Croat the
fccsctCTSClC TCtSta ?At2.J
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