' an skb s w a
: : : ; 1- ' r : -7- ' : ; - ; -
1?
SI-
MJB., NORTH-
Ours are the plans of fair delightful peace, imwarp'd by party? rage, to live like brothers
i
THREE DOLLARS Per Aifnum,
. -w - ;. " - ' . . .
. -y- . ; -
volume xxxni.
ONE HAEF IN ADVANCE. 5
TUESDAY, DECEMBER 8, 1835.
i
PUBLtSHSB ETBRT TPSSDAT,
Uf Joseph Gales & San,
rRRDoLPLMjinnTim--onehairm advance
Those who do not, either at the time of subscribing
or suteenuenUy, give notice of their wishtohavel
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until countermanded.
Not exceeding:xtfn line, will be inserted three
" times for a Dollar ; and twenty-five cents foe each
"marked on them, they will be continued until or-
tiered out, and charged accordingly. . ,
Tribute to 'CriicfJTustice Marshall.
At a. meeting of the Bench and Bar of I
the Circuit Court of the United States for
the District of North Carolina, held at
the Court room, on the 1 3th day of No-
vember, 1835, the Honorable
'tt
Henry
-A
Potter, Judge of the said District, was
called to the' chair, and Thomas P. Dev
EREux,Esq. appointed Secretary. And
the purpose of the meeting - being infima-.
ted, the Chairman addressed it, in sub
stance, as follows : .
I cannot omit, upon this occasion, . some expres
sions, of my personal feelings towards the late Chief
Justice.' : After an intimate acquaintance ofthirty
two year with that great' and good man, I must be
supposed to have acquired some- knowledge of his
character.- Indeed I knew him well. He" was too
ingenuous to conceal from me any tiling which was
calculated to develope the whole tnan; and the
- more I kn,ew him, the more I admired him. He was
kiuo," 71 " . , . . ' ""." 7"u
MAAt nntliMff am rCriY ami Yia oAAinl on1 rran tl a I
virtues iounu in ms nean ineir nanve sou. vTimaiu,, .: r i ... ,
clear perception of truth, and an undeviating pursuit
of it, unwarped by partiality or prejudice ; with a
logical and lucid mind, Well disciplined and adjusted
for close and patient investigation ; and with an in
tegrity beyond all price, he was, above all others
of my acquaintance, peculiarly qualified for the
discharge' of the various delicate and important duties
of the Bench! - As a companion and friend, and as
the great luminary of our profession, I do most sin-1
cerely mourn his Joss. His equal, as a jurist, and as
a man, taking him all in all, I expect never to be-
hold j for in hhn were happUy blended all the con-
.tituent qualities - of the really great man. His
striking characteristics were, tt clear head, a vigor-
ous intellect, a logical mind, andan honest heart.-
In fine, he was a profound thinker and a matchless
reasoncr. .,
The following. Resolutions being then
moved and seconded, vere unanimously
adopted :
Resolved, That we consider the death of the late
Chief Justice Marshall as a public calamity, which
we, ia common with the Bar and people of the
United States, sincerely and deeply deplore.
Resolved, That the Bar and people of North
Carolina have especial reasons to regret his loss,
because we not only shared, in'common with thelVS John Waddill, Jr. Joshua W. Coch-
whole nation, the benefit of his judicial wisdom and ran, and Jas, H. My rover, on an Iudict-
intejgrity, in the Supreme curtofthe Union, but ment for killing Joseph Hubbard, on the
derived peculiar advantage from those qualities m mfk r 6. i.. w'il A
the Circuit Court oftheWtcd States for this Dis- 9 . "JP- lf.St' Without entering
.trict' fully into the testimony, it is sufficient to
' Resolved, That during the long period, of more state, that the deceased came to his death
than thirty years, in which he presided in the Circuit by a gun shot wound, whilst attempting
Court of this district, he was eminently distinguish- to make his escape from an officer and his
ffost reverend Judge, of profound and ju- s who had arrested him, or were
dicial knowledge, accompanied with a steady and 1 , 7 . x . " "l ' '
singular capacity, grave and sensible elocution, and endeavoring to arrest him, under a war
continued and admirable patience." rant for a higher misdemeanor. The
Resblved, That the chairman of .this meeting be first -day was entirely taken up in for
requested to communicate a copy of these resolu- mine a Jurv. the second with the etami-
-iions to the family of the late Chief Justice, with
to them, admits of no reparation, and cannot be ade-
quately supplied.
H; POTTER, Chairman.
T, P. Devihjsxtx, Secretary.
ii 77ie Illustrious Dead. Our attention
was directed, a lew evenings since, by a
valued friend to the great number of dis-
tinguished men, who had died in North
Carolina within the last fifteen years: House from the commencement to the
it is a sad retrospect, and .forcibly., tells close of the trial.
us what, indeed, we may read in every. The prosecution was conducted by
thing around usfv what shadows we are Mr. Troy, the Solicitor, assisted by Dif
and -what shadows we pursue. YVe Ion Jordan, Jr. The defence was mana
begin the melancholy list with the name gedjwith much ability by Messrs. Toom-
01 jircniocaa uenaerson, me pure mejer, Henry and Eccles. Observer.
gentle the poweriul--he that was called
by another great mamthe Jimx of the Bar
in North Carolina: Then comes the name
of his illustrious brother,Vne late Chief
justice, , tne lion. Leonard Henderson :
with hira the rest ofthe Court in which
ji.cs.ucu, me yw.yvnTtwmsjayior,
anuvne non. joim nau, allot whom, ta-
ded fromanionKst us in less, than three
years. Ihen there-wasthe gallant the January next, shall " first determine,
fiercethe accomplished John Stanly bv a majority bfthe whole number elec
rhere wiBartlett Yancy an able advo- ted, whether or'hot it be expedient at
Cate and SOUnd and a mdst useful States- fhnt timo. tn forma r.nn;tit.itinn nhd
man. There was Joceph Wilson, a pow-
: V auu S"". ",L?u,flc 1UC"
V, W""; "
noSg wnp, an ceriamiy sioou then proceed to form a Constitution and
pre-eminent at the Bar. Ncr must wefif,t r.nvarnmnt. r.; fKo.tn.no
forget to mention Henry Seawdlx giant
- u luiviiccu Anereineii was uic; iauuusi
-or iortn Carolina, beautilul anu polished
aiiKe as a speaker and a writer, the Hon.
Jircimaiau murphy. There was the
H fttt KV1 t. Truth ii.rilii. nto
6, uu uicic noa " "-lanu, lr approved, to be the "Constitu
Ham X?, Love, both men of 'excellent tion and supreme law of the State of Ar
minus, jnercwas me reev u. ur. isuiu-
well of the University. Ah me, that vir
tue thl should die and learning too. 7
There was the sagacious the profound
the cultivated reter JtSrowne, and finally,
Jos. A, ml of Wilmington : If this were
a suitable occasion, we lam would render
a suitable tribute to the eenius and vir
tue of a beloved friend ; but our inten
tion was simply -to tell over the great
names that have perished from amonsst
"V ,,m,c or time, anu wnau
vwuc, - uevmicni great merr in less
than fifteen years, have gone down to
ueain. Varouna Watchman.
The Tarborough Press contains a let
ter from J. .Lawrence, M. D. describing
a negro infant just born, "which was
breathing full and easy, and at times
crying strong" but which though its "bo
ana rather over the ordinary siza" hld
. . . j a
nd skull above' a line drawn from the up
per part of the nose by each ear, to a
little above the joining of the neck and
skull behindno hrain nor membranes.
It was slightly excavated at the top and
covered with a thin skin, a continuation
of the common integuments, and there
were a few snrio-s nf vvnnllv Kni rn
back of its neck. The child lived thirtv
hours and some minutes, but it never
sucked any thing."
Governor Swain retires from the first
office in the State with the well-deserved
respect and esteem of his constituents in
general. His strict and impartial, per
formance the duties of his office, and
his unceasing efforts to promote, the in
terests and excite the agricultural and
commercial energies of the community to
useful and profitable action, entitle him to
this distinction. Newbern Spectator.
7
eadful Occident: Four Lives Lost.
At a corn shucking, in the county of
purry, at the house of Leonard Sco,tt,
senr. a few days since, a Son and Grand
son of Mr. Scott, also a son of Mr.
O 1 I I a r 1
opnnKie, a neignoor, ana a nejrro man
uiiuiigiu iu mi. ojjimivic, were suuuen
ly killed by the fall of a crib, into -which
they were throwing corn. The house
was quite narrow, and Tush, and the
wind blew it over and caught
mem un-
M I
derit: they were all dead
before they
could be extricated.
Six other persons
wJ?re caught and wounded, some of them
seriously, but we are glad to hear that
they are all considered out of danger.
What seems a little singular, is that the
dangcr of t)eir srtuation had been ob-
, , . .1. . .
served, and spoken of, but not sufficient-
J appreciaieu 5 me negro man replied
jocularly on the occasion, "that if a negro
girl could make her escape, that he
could. Carolina Watchman.
Fayetteville, November 26.
Superior Court. Thursday, Friday
and Saturday last, were fully occupied
with the trial of a case, than which none
has excited as much interest in this com
munity for many vears. It was fhe State
nat'lor 0f testimony and the third wU,
th
the arguments of Counsel.
The Judge's
charge was delivered to the Jury after
dark on Saturday evening, when the
Jury retired, and in about ten minutes
returned with a verdict of Not Guilty.
The annunciation of this verdict Drodu-
ced, as we understand, a very audible
expression of the approbation of the large
crowd which . had thronged the Court
I Arkansas Territoru bill has nass
ed to its 3d reading 'in the H. R., " For
the election of Members to a Convention
to frame a Constitution and System of
Government for the people of Arkansas,
preparatory to - their admissbon into, the
Union as a State." The Bill provides
that the Convention, on meetins: in
Government for the people within
this Territory ; and if it be determined
tobe expedient, the Convention may
sKall be republican, and not inconsistent
Wltn or repU2nant to. the Constitution
0f the United States." If a . Constitution
De formed, a copy thereof is to be trans
mftted to Congress, for its approbation,
! I. '. . 'y. ..
kansas," &c, &c.
I Successful Experiment. -We have plea
rgUre irj informing- our readers .that jus
I as our paper was goihs to press, the
Steam Boat Cheraw, vhich we mention
led sometime since as having been char
tered for an experimental trip, reached'
our town. She left Charleston on the
Slst ult., but was detained several days
in consequence of low water j the river
being lower, up to last Monday accord
ing to the concurrent testimony of every
one acquainted with it, than at any peri
od for a number of years back and her
arrival now, in the present state of the
river, affords the most gratifying assur
ances of the practicability of navigating
the Wateree by steam.
The public spirited gentlemen who, by
their zeal and perseverance, have demon
strated what, by some of our wiseacres,
has been repeatedly pronounced imprac
ticable, have entitled themselves to the
gratitude of every one who has- at heart
the prosperity of Camden.
Camden Journal.
At a recent dinner in New York, a for
eign gentleman, who was making a' speech
in reply to a toast complimentary to his
countrymen, was going on to say, that he
felt proud to be surrounded by so much of
thewealth, intelligence and and aris
tocracy ofc (democracy, cried one of the
agrarian editors of that city.) I thank you,
sir, (proceeded the foreigner,) for: the cor
rection, "A rose by any other name would
smell as sweet. " Tremendous applause
from all parts of the room. 3
A gentleman just from N. Y. has
brought on as a specimen, and handed o
ver to us for proper notice, the 'latest e
manation from the Northern Abolition
ists, in the shape of a book, of decidedly
the worst stamp, that we have yet seen.
It contains numerous despicable wood
x a? r
cms, representing various scenes oi cru
elty which'never occurred in this coun
try, and its language throughout is of the
most violent . and inflammatory kind.
The author and publisher richly deserves
the tender mercies of the Southern, peo
ple which they would doubtless receive
could they but be prevailed on to visit
this section of the country.
Jiltx. Gazette.
Mr. Webster s opinions From the re
cent Speech of this gentleman, elicited by
the presentation of a Silver Vase to him,
we extract the following paragraph ,
I disdain,, altogether, the character of
of an uncommitted man. Iam commit
ted, fully committed j committed to the
full extent of all that I am and all I hope,
to tne constitution ot the country, to its
love and reverence to its defence and main
tenance, to its warm commendations to
everyj American heart, and to its vindica
tions and just praise before all mankind.
And I am committed against every thing
which, in my judgment, may weaken,' en
danger or destroy it. I am committed
against the encouragement of local par
ties and local feelings ; I am committed
against all fostering of anti-national spir
it; I am committed against the slightest
infringement of the original compromise,
on which the Constitution was founded :
I am committed against any and every de
rangement of the powers ol the several
departments of the Government, against
any derogation from the constitutional
authority ot Congress, and especially -gainst
all extension of Executive power,
and I am comitted against any attempt to
rule the free people of this country by the
power and the patronage of the Govern
ment itself. I am committed, fully and
entirely committed, against making the
Government the People's Master."
Caswell Superior Cowr. The fall term
of this Court was held the past week,
Judge Norwood presiding. The most
important cause on the Civil Docket was
he case ot the Executors of the late Gen.
a . ?
William Bethell, vs. Samuel Moore,
and Wm. J. Nash (Caveat of a Will.
On account of his Honor's excluding im
portant testimony for the plaintiff's, they
suffered a nonsuit, and appealed to the
aupreme Court.
John H. Brady, who had been confin
ed in jail for several months, on a charge
of attempting to excite slaves to acts of
insurrection, was discharged, upon, the
payment of costs, onaccount of the want
ot legal testimony to convict him.
Spectator.
Internal Improvement. Itis stated in
the Wilmington Press, that the Commis
sioners of the Wilmington andRaleigh
Rail Road are re-opening Books of Sub
scription. The importance of this Road,says
the Press, has never, until now, been tuny
developed to the minds of the Company
ana me citizens generally ; anu wc believe
the time has corned when a breach will be
made in the vandalic wall that has obstruc
ted the march of our State in a line with
her compeers. By a sort of compromiso-
rial arrangement with our neighbors of
Newbern,, the Road is to go by Waynes
borough, if practicable, it being the head of
permanent navigation of Neuse River.
Bunaway Slaves.- AJ)ill is now" pend
ing before the House; whicht provides that
any person who may take up any runaway
Slave 4bP;prrty j&f juaytcitizen . of this
State, in anyjnon-slavS-hofi'ng State, and
shall deliver such slave iiifthe State where
he or she may be taken to his or her owner,
shall be entitled to the following reward,
to be paid by the owner, to wit : For everyj
maie siave, between the ages ot ntteen and
fifty! the sum of $200 : for every male
slave of the age of fifty and upwards, the
sum of $50 j for every male slave of the
age of fifteen and under, the?sum of R50 ;
ior, every female slave between the ages of
iweiye ana lorty-nve, the sum ot 8150 j
ior every female slave ot the age of forty
five and upwards, the sum of S25 ; for ev
ery female slave of the age of twelve and
under, the sum of $25. It also gives to
the person apprehending the slave or slaves
a lien upon him, her or them, until the re
ward is paid.
A Grand Whig Festival was given
during the last week, in the vicinity of
Baltimore, for celebrating: the late Whig
victory in ' Maryland. The preparations
were on a magnificent scale, and guests
were invited from other States. The Whigs
of Pennsylvania sent a Delegation with the
Flag which the Whigs of Baltimore sent
last year to their brethren of Philadelphia.
The Toasts and proceedings fill many co
lumns. Letters were read from Messrs
CIay Webster, Calhoun, Harrison, White,
W. J. Duane, B. W. keigh, &c. &c
Mr. Clay's Toast was
" Union and concert, and a sacrifice of all indivi
dual attachments, in the support of a Presidential
Candidate opposed to the Baltimore Convention."
STATE EEGISEJMTURE.
HOUSE OF COiTlKIOIVS.
.' Saturday, Nov. 28.
Mr Guinn said, a Resolution had been a-
dopted yesterday on the subject of Chero
kee lands. In addition to the information
there called for, he wished to procure fur
ther particulars. He then submitted a
Resolution, which was adopted, directing
the Public Treasurer to communicate to
this House the agregate amount of Sales of
Cherokee lands the amount ot each indi
vidual purchase and the amount now due
individually. -
Mr. Guthrie presented a bill to prohibit
Sheriffs and their Duputies from executing
the Office of Constable in Civil cases.
Read first time.
Mr. Hawkins, from the Committee of
Propositions and Grievances, reported with
out amendment the bill to legitimate John
r Johnson, ot Warren, and recommended
its passage. The bill having been read the
second time. ,
Mr. King moved for its indefinite post
ponement, on the ground that the County.
Courts had jurisdiction in such cases., and
were the proper tribunals to which aplica
tion should be made. . '
Mr. Hawkins hoped the motion would
not prevail. He went into a history of the
casejfbr the purpose of showing that there
werep peculiar features in it which enti-
tled it to the tayorable consideration ol the
Legislature. With regard to the power of
egitimation vested in the County Courts,
not being a legal character himself, he
could say but little ; but he had understood
rom professional gentlemen tor whom he
entertained great respect, that there was
considerable doubt as to the extent of the
powers of the Courts in this particular. It
had been the practice of theXegislature for
40 or 50 years to pass these acts, and he
loped this case would not be made an ex
ception.
Mr. Guthrie moved that the bill lie on
the table, to afford gentlemen an opportu
nity of ascertaining the true construction
of the Act of AssembJNj? vestingthe power
ot legitimation in me county Courts.
Mr. Manly said, he rose simply to state
the effect of the bill, if passed in its pre
sent shape, so that those who felt an in
terest in it, might avail themselves of his
suggestions. It had been decided by the
highest Judicatory. in the State, in refer
ence to an Act of precisely similar cha
racter, that the only object attained was
to change the name ol the individual men
tioned, but did not make him or her le
gitimate to any particular person.
Mr. King,withdrew his motion to post
pone indefinitely, and4 at Mr. Hawkins'
request, Mr. Guthrie also withdrew his
to lay the bill on the table. Mr. H. then
moved its recommitment to the Commit
" .
tee of propositions and grievances, for the
purpose of remedying the aefect pointed
out by the gentleman from Newbern.
The motion prevailed. f
Mr. Clarke, who voteu with the ma
jority yesterday, for the rejection of the
bill to repeal the act of 1825, directing
the manner, in which the militia shall
hereafter be reviewed, moved that the
same be re-considered. lhe motion
prevailed, and the bill was read a second
time ,
Mr. Hawkins, Chairman of the Milita
ry Committee, stated the reasons which
induced them to recommend the passage
of the bill. The first section directed
that Field officers should review their
Regiments at the usual parade ground.
It was found that it was now the custom
for Reviewing Officers, taking advantage
of an indefinite term in the law, to call
the Regiments of a county to the same
place, and revew them within 200 yards
of each other.
The sfecond section repealed that part of
a prior enactment, which compelled Cap
tains of Companies to muster them only
twice a year. The advantages arising from
more frequent exercise and drilling, he
thought too obvious to dwell upon.
Mr.. Flemins moved to airend the bill
by striking out the second section;
Mr. Gdrrell objected to the amendment
He was disposed to vote for the bill, and
especially for the last clause of-it. It was
a fact within his knowledge, that at the
last Review oi the Militia or tmiliord co.
a Memorial was gotten .up, signed by the
Field Officers of four Regiments, praying
to have that part of the Act repealed which
limits petit musters to twice a year, and
he thought it ought to be repealed. In the
first place, it creates a distinction between
Volunteers and the District Militia, cora
pelling the former to Muster four times a
year and the latter only twice. It was
essential, Mr. G. saidytoawell disciplin
ed Militia, that the section Ihould Je re
pealed. To make them efficient, requires
much training and exercise, which can a
lone inspire a proper.military spirit The
present regulation was well calculated to
smother martial ardor & convert the whole
system into ridicule.
Mr. Carson said if he could be induced
to believe that calling out Companies four
times'ayear, instead of two, would in
crease a military spirit, he would vote to
repeal the act. But so far as his observa
tion extended, frequent musters had no
tendency this way. He had a, conversation
not long since, with a General Officer, who
gave it as his opinion, that mustering, so
often did but little good. Besides, it was
expected, the General Government would
shortly take this subject up, and give us a
better system of organization.
Mr. fctockard said he telt bound to men
tion the fact, though not now in order to
present it, that a Memorial had been for
warded to him, expressing thedissatisfac
tion of the petitioners at the existing regu
lation. ;
Mr. Poindexter said, he should not make
a remark, .were it not known to such mem
bers present as were in the last Legisla
ture, that hi had then opposed a similar
bill. His experience had taught him, that
frequent mustering, under our present sys
tem did not tend to excite a military spirit..
He knew some Captains who, so far from
understanding the elements of Military
discipline, could not shoulder arms cor
rectly. He would vote for Officers to go
to some Military Institution, and when
instructed themselves, he would tie willing
to have them call out their companies a
dozen times a year. But sd long as Cap
tains Were profoundly iguorant of the principles-
they attempted to inculcate, it was
ridiculous to have their companies called
out for drill. Mr. P. said, he had him
self been requested occasionally to act as
Fugleman at these military displays and
there was but one manoeuvre which he cbuld
perform correctly, and that was ' Right
about! face!!" The1 motion to strike
out was carried, 64 to 45 ; and then the
bill was rejected as amended, 75 to 52.
SBXATJE.
The subjoined Resolutions, in relation
to the Public Lands, were introduced
by Mr, Waugh, on Saturday last, and
jmitted for want of room :
Resolved, by the General Assembly of the State
of Worth-Carolina, That if Congresshould give
the unsold territory, or public lands of the li
nked States to the States, in which said lands
are situate, it would be a plain breach of the
public faith, and a dangerous violation of the
rights of all the States. -
2. .Mesolved, further, That all the nublic re
venues are collected from the people,- directly
or inairecuy, ana ougnt never to exceed the
amount of expenditures necessary to an econo
omical administration of the Government and
therefore, .vrhene4HtI proceeds of the sales
of the territory, or public lands of the United
States, are not required (in aid of other reve
nues) for the legitimate purposes of the Nati
on Government, it will be the first duty of Con
gress to diminish the public taies imposed up
on the people of the Unitejl States, and there
by reduce the revenue to a sum which, when
added to the land salens, wjdl not exceed the ac
tual wants of the Government : Hut because the
vauie oi our union is oeyond the reach of pe
cuniary calculation, and asil mieht be hazard
ous toits stability to disturb now that system of
taxation wnicn was so lately adopted, on a ccm
promise ofconflicting interest9and opinions,
upon, the mbject of the tariff, we believe it the
duty of Congress to devise some safe method
for distributing among all the States any surplus
proceeds of the public lands which may, from
time to time, remain in the Treasury of the li
nked States, after defraying its expenditures.
4. Kesoivert, Jurtner, lnat Congress cannot
distribute tleproeeeds of the sales of the terri
tory, or public lands, belonging to the United
States, or the public lands, themselves, in any
manner which gives a preference to the new
States in which they are located,' without vio
lating the rights and prejudicing the claims of
all the States of this Union. ,
5. Resolved, Further, That we sincerely de
precate all attempts on llw part Qf the citizens
of this Siate, to increase the -difficulties, and
magnify the jealousit, already exhibited upon
national questions, in respect to .our public
lanas, oy giving mem a party pnaracter, which
does not properly belong to the subject and
thereby holding out inducements to the new
States to put forth urgent and unreasonable de
mands and, on the other hand, by denouoc
ing their claims with bitter reproaches so
kindle a blaze of discontent in the nation, which.
however intended, by those who raised it, must
ultimately endanger the peace and prosperity
of the best Government on earth,
6. ResUved, That his Excellency the Gover
nor of this State, be requested, to trpnsrat,
forthwith, a copy of the foregoing Resolutions
to each ofthe Senators and Representatives
from Nort h-Carolina, m the Congress of the U
nited States.
Monday, Nov. SO.
On motion of Mr. Waugh, '
Resolved. That the Joint oteet L-ommittee on
! th. subject of tha Revised Code, be instructed to as
certain, as near aa practicable, the probable erpeass ,
of printing, re-enacting and publishing the Revised
Code now in the course of preparation by the Com
missioners appointed for that purpose, and report
the result of Uieir inquiry to. this House.;. :
Mr. Cowper, of ?Gati'S, presented a
bill giving to the County Courts of this ,
State power to abolish, the .offices.,
County Trustee and Treasurer of Public1
Buildings; which "was readthejfirst time
and passed ' H I
Mr. Jovher, from the Committee on
Internal Improvement, to whom was re
ferred the Resolution instructing then to
inquire into the expediency of passing
an act to compeloverseers of roadso
report annually to the . County Courts
the length of the" roads, and "the- number
of narids under their superintendance &c.
reported-aJiill providing for that object,
which was read the first timegauji passed.
mr. juyiier, iiuiu uic same MWjiuiii-.
tee, to whom wask referrea the bull jov
amend the act to incorporate the Ralekh
and Roanoke Rail Road Company -reported
the same, with an amendment ;
ich was agreed to, and tne bill read
the third time, passed and ordered toJe
engrossed. v .. ' ', ' -
Mr. Marsteller presented a bill au- '
morising and requiring the Captains and
and commanding officers of theSOth and .
31st regiments to muster their men-once
in -very three months; which was amen
ded, so as to embrace the Sfth and 68th ,
resiments, passedthFee.times andrder
ed to be engrossed. . '
The engrossed bill , to amend ; the ac
to establish the Merchant's Bank of the
town of Newbern, was read 'the second
time. Vw - ' , . j
Mr. Wyche moved t amend the bill, byatri
king out the provision which authorises the Bank
to issue bills of the denomination of three dollars;
The-people of Newbern, he said, asked a charter
for a bank, with a small capital, f or the commercial
facilities of that town. They refused to have .
branches, or permit the State to have any interest
in it. The Legislature hadranted their request,
and they now had the modesty to 'ask to he per'
mitted to furnish a currency for the State ; .for
such would be the effect of giving them authority to ,:
issue these small bills. The whole country Would
be flooded with three dollar notes'. ' The flour, to
bacco and whiskey from the up country, would be
paid for in these small notes. And what, he asked,,
could his constituents do with such money 1 It
was bad policy taauthorise the issuing of such, small "-
notes.- It would banish specie from circulation, and
fill the country with unsound currency. It was
true this power had been 'granted to the Bank of the
State and - the Bank of Cape Fear. But he wag
gratified to find that the Bank of the State had not
as yet exercised the power. 'The Batik of Cap
Fear had and, he thought it might with more pro-
priety issue small notes. The State of South Carolw j
ha, hear which it was located, issuea notes of thif'vi
description, wh ich found their way, in great quia--tities,
into the border counties, "and it might be ne
cessary for that Bank to avail Itself of the privilega .'
granted it, to counteract the issues of our rister State. -He
was opposed to its issuing small notes also on t
the grounds that the State owned no stock in it, and -that
it was a small Bank iatended to joperate in a
limited sphere, and had gone into operation With; a ,
capital of from $125,000 to $15,000. j
Mr. Bryan said, that he regreted that tjie county
of Craven, was not represented on the floor of the '.
Senate, as it was more immediately interested in
this matter; but he felt it his duty, as the representa
tive of a portion of the State, which was deeply in
terested in the welfare of this institution, and which
enjoyed largely the benefit of its banking operations
to defend it against the unfounded , charges ' of the
Senator from Granville (Mr. Wyche.) It was sta--ted
by hira that only $ 125,000 of the Capttal Stock
had been taken, and that it was a small, concern
This was an error into which the gentleman had
probably been led, by a report mada to the Senate
few day3 ago. He believed that one hundred
and sixty or seventy thousand Dollars of the stock
bad been taken ; the last instalment upon iwhich
would-he paid in January next." The fact, however
that it was -small, was no argument against but ra.
ther in favour, of extending to it a right which had
oeen graniea w me ouier uaniLS. i rue, as tne gen
tleman remarks,'? the State owns no "stockj in tjbisu
Bank ; but she derives a revenue, from iv arid j a.
arge number of the citizens of the State are di
rectly interested in its operations . and welfare. He- .
could not see the force of this assertion, unless it
was intended to increase its enemies arid " thrown
out as a tub to the whale." To a liberal Iccuktor
the' interests of any portion of the pomnrunity ought "
to be as dear as those of the. State; for uppn indi
yidual prosperity and success materially .depend the '
happiness and welfare of a State ; for States are.
composed of individuals. If there be an institution .
of this kmd tLseful in it character, and beneficial in
its operations! to a community, he asserted that it '
was the Merchant's Bank of Newherru - s
The firtt section of -the amendment, continued '
Mr. B. propqsea nine, instead of seven, Directors.
The operations of the Bank during the sickly sea.
son must cease, unless this amendment is-adopted ;
he had known Merchants, Who had gone to New-
bem, preparatory to theur dxpartuTe for the f North;
to : have, their notes discounted at this Bank, who hft J
been detained there for sometime, m conscience'
of the sickness of some and the' absence of others of
the directors . Uuder the charter of the. Bank,, it
requires five directors to constitute1 a quorum Sox
the transaction of business ; and yery oflon circum
stances far beyond the control of the ditectora havo
precluded them from forming a board, at theur. ap- '
pointed fime of meeting.-Thia was an evil,- wdrick ;
alone could be remedied by legislativeaid tr, and ho .
replied upon the uberahty and sens of justictf of . i
honorable Senators to apply thertedy. yr He'tru ;
ted this branch of the amendment would be adopt- j
ed. The .Senator, from Granville has declared wf r
against the second section of the bill, and has, ac
cordingly commenced hostilities; It is .laid down. :
in the bill of rights, wtnxh tonns a part ot tne oa
6titution which we "have sworn to support, that'
monopolies are contrary to the genius of a ftee
- -" mm m mm Mmm. mr ' s
state, and oueht not to be allowed. tne legis-
lature has granted to the Bank of the State, with ia
capital of one rmlhon and a hall dollars, anu o tue
Bank of Cape rear, tne pmuegc oi issuing now -of
the denomination of three doUars. Are the rights -
of the corporators otbxwe wsututiona more valua-- ,
ble and deaf to the State) than - thoae 'of ther Mef
chants Bank! PAre they not" membeci ; of the
same grsat pdmical famiry! and canthej, good
faiflxaiid"ohsaeTw ckira for thcnwelves any
greater privileges and immunities, than ftoie enjoy
ad by the ttockholdere oXthia The concea-
-i
1MI