pyaiiwili m
JV. Carolina General Assembly.
The General Assembly of this
State convened at Raleigh, on
Monday, 25th ult. In the Senate,
Bartlett Yancey, Esq. was re
elected Speaker; Benj. II. Cov
ington, Principal Clerk; James
W. Clark, Clerk Assistant; Thos.
.B.Wheeler, Principal Door-keeper;
and Robert Ray, Assistant
Door-keeper.
In the House of Commons, Jony
Stanly, Esq. was re-elected
Speaker; Pleasant Henderson,
Prineioal Clerk: Charles Mn.nl v:
Clerk Assistant; John Lumsden,
Door-keeper; and Richard Rob
erts, Assistant Door-keeper.
On Tuesday, the Governor's
Message was received, and or
derdered to be printed.
On Wednesday, Hutchins G.
Burton was re-elected Governor
of this State; John Haywood,
Public Treasurer; William Hill,
Secretary of State; and Joseph
Hawkins, Comptroller all with
out opposition.
GOVERNOR'S MESSAGE.
' To the Honorable the General '2ssc?n
bly of North-Carolina:
Gentlemen, Altho' we have con
tinued, during the past year, in the un
interrupted enjoyment of all our civil
and religious privileges; yet, the chas
tening hand of an all-wise Providence
has borne heavily, on particular sections
of our State. Whether the injury sus
tained by the late untoward seasons, is
of magnitude sufficient, to merit your
interference, is a question submitted en
tirely to your discretion.
Believing it universally admitted, that
the existence of free Governments de
pends upon the virtue and intelligence
of the great body of the people, and that
these are also the sources of individual
comfort and happiness, I shall not con
sume your time in repeating arguments
so often adduced, to show the necessity
of diffusing the benefits of education, a
mong the poorer class of our fellow citi
zens. But permit me to call your atten
tion to a clause in our State Constitution.
which enforces the obligation of giving
improve their condition. ' The least re
flection will. satisfy us, that reauing, wri
ting, and the common rules of arithme
tic are highly essential to the healthy
action of our government, founded, as it
is, upon the supremacy, and executed
by the agency of the people: And they
hltr nntrihntft mnre larcrelv
to the individual benefit and morality of
the body of the people, than the branch
es of severe science usually taught in
our established seminaries. Whilst up
ou this subject, I beg leave to remark,
that the Constitution itself, in the section
before recited, has not only imposed the
obligation, but has also suggested an im
portant mean for the execution of the in
junction.
I he benefits resulting from a well re
gulated and properly conducted system
of Internal Improvements, in a country
like ours, are too apparent, to require
many remarks to prove their impor
tance. Let us, for instance, confine
ourselves to the limits of North-Carolina,
and mark her situation at this time.
We all know that in particular sections
of the State, the greatest distress is at
present apprehended, among the poorer
class of our fellow citizens, from the de
ficiency of the various crops, springing
trom sources, which it is unnecessary to
investigate. We also know, that in oth
er sections, the usual productions were
never more abundant. From the great
varietyof soil and climate, may not this
stale of things often occur? Let me ask
then, what is the proper remedy for such
evils? Can there bo any other answer
given than 'facilitate the intercourse
between the di fie rent sections of the
State.' In other words, open your wa
ter courses, repair your old roads, and
make new ones. Make them, what they
should be, cheap and convenient medi
ums of social intercourse. Then the
failure of crops in some few counties
would not have Jho effect of thinning a
population, already to much scattered
and diminished. But the redundant
fulness of some parts, might convenient
ly be drawn off. to fructify .and supply
less fortunate situations. There v eve
ry reason to believe, that at the present
time, grain and other necessary articles
would not command, more than their or
dinary price, were it not for the irreat
difficulty of transportation. Those who
are, fortunately, -the yenders of produce
this j ear, may be purchasers the next.
it behooves the people of every part of
the Slate, maturely to consider'this sub
ject. It is franklv admitted, that money
diminishing, by trespassers, who destroy
the timber and wear out the soil, and
who can scarcely be presumed to make
good citizens or quiet neighbors. --Whether
it will be advisable to have the un
surveyed lands run out, and with the
surveyed lands undisposed of, offered at
public auction, or open an entry office
under suitable regulations, are subjects
which will properly claim your consid
eration. Before we take leave of this
subject, you will pardon me for again
calling your attention to the reclaiming
of our swamp lands. It is believed, to
be a subject, in which the State is deep
ly interested. If the States have the
power of regulating their own internal
nolice. if thev have the-power of insti-
j 7 j t
tuting precautions for the preservation of
the health and lives oi tneir citizens, can
there be a doubt of the power to act up
on this subject? What can stay the tide
of emigration, now flowing to the west,
but the improvement of our own State?
There can be but little doubt, that the
undertaking would not prove burden
some, but would rather directly and
greatly enhance the present revenue,
while it would augment the agricultural
resources of the State, improve the health
ot our citizens, and relieve our territory
from a melancholy blot on its geographi
cal appearance. As to the particular
works which have been carried on, du
ring the past year, their progress, &c.
will be detailed in another communica
tion. Some of our most enlightened fellow
citizens, are of opinion, that the Crimi
nal Lode ii susceptible ol improvement.
cation from Vermont, enclosing a
lion of their General Assemhl,? e sti
concurrence. It is in substance th'
T-L ; 1
UlS 10 .
very is an evil to be deprccated'hir'3,
and enlightened people; and, decl '
that their General A
..nuiy will Or 5
in any measures, which may be a:r
by the general government, for iJ1
lition in the United States, that m
consistent with thp rin-kto r ,i J u
io ui me
ana the general harmony.
States, like individuals. m n . 31
the common error of believing tm 5
better understand, and with more -y
and to greater advantage could nJf '
the concerns of others, than they d is5 '
in their own transactions. The re
is obvious: They take but a partial?1!
imperfect view of another's affairs 4?
out the advantage of being possessed '
the whole ground. May not this be tl
situation of the non-slaveholdin Statr
and can they not, without transcend
"the modesty of nature," fairly presuJ5
that this subject, in all its bearing;
fully understood in the South? h'bP
comes every State and people, to bene
culiarly alive to every circumstance'
which may threaten their existence; anj
to provide every precaution, against anT
emergency to which they may bo tXp&".
scd. I repeat but a common truism
but one appreciated by every wise peo
ple, "that peace is the time to prepare
for war." From foreign force, or inter
nal insurrection, we are indeed protect
cd by constitutional provision. But ;
does not become
to this subject your serious considcra-jhas been, perhaps unnecessarily expend
tinn If -o ln. t A 1 . i
tiwu. . i3 iiiia -x allium or scnoois
'shall be established by the Legisloture of
this Stale, tor the convenient instruction
of youth, with such salaries to thex mas
ters, paid by the public, as may enable
them to instruct at low prices. All use
ful learning shall be duly encouraged
and promoted in one or more Universi
ties." The latter branch of this consti
tutional injunction has long since been
complied with, by your predecessors.
We have an University in a prosperous
condition, with competent funds. But,
as to the former, and no less important
branch, concerning Schools, it is to be
lamented, that from the formation of the
Constitution, until th? last session of the
General Assembly, (a period of forty
nine years,) nothing whatever has been
done. The last Legislature commenced
the important work; but if that begin
ning is not well sustained and pursued,
the present generation may pass away,
before any thing effectual is accomplish
ed. Many enlightened persons believe,
that it is more difficult for an individual
in ordinary circumstances, to obtain lor
his child, at this time, the common ru
diments of education, than it was at the
period when our Constitution was adop
ted. This increased difficulty origin
ates, in part, from the increased demand
which the exigencies of government
liave made upon the resources of individ
uals, and the enhancement of the neces
saries of subsistence. It appears, there
fore, peculiarly just and proper, that the
State should contribute somewhat to the
diminution of that burden, which, in
part, it has created. And while it ex
acts and expects obedience and support
from the citizens to its laws and institu
tions, it should give them the opportu
nity to appreciate their privileges and
thought of
gravely
cd, at the commencement of this under
taking. But is not this, the fate of all
human undertakings, without the benefit
of experience? Is there an individual,
who for the first time has opened a plan
tation or built him a house, who is not,
at its close, convinced that he has com
mitted many errors, and expended mo
ney uselessly? What then would be
the reasoning:, which should
conclude, that these things.
which add so much to our comfort nnd
convenience, were useless, because er
rors might be committed? I do not ad
vocatc, far less wish, the public money
10 oc unnecessarily expended, when it
can be avoided. But a prudent, though
unfortunate management, may be lament
ed, although it should not be blamed.
When it is considered that there is al
ready a fund created, (the Cherokee
Lands,) and our fellow citizens will n t
probably be burdened with additional
taxes, it is most respectfully submitted,
whether a judicious system of Internal
Improvements, should not be prosecu
ted. In connexion with this subject, it
may be well to mention, that under the
provisions of the several acts, prescrib
ing the mode of surveying and selling
the lands acquired by treaty from the
Cherokee Indians, four sales at public
auction have been had, and the most va
luable lands disposed of. It is believed,
however, that the lands remaining" un
sold, are of sufficient value, to be well
worthy the attention of the Legislature.
It is submitted to your discretion, to de
termine what disposition shall be made
of them. It is obviously the interest of
the State, and more immediatelv of thp
citizens of that section of the State, that
tney should lorthwith be brought into
market, since their value is continually
us, to nedect our r.
sources or overlook the neculiarih- nf
i I ... j vi
This would be attained by leaving it dis-'our situation, in common with a few
cretionary with the proper jurisdictions, : other States, arising from the diversity
to substitute either the Tread Mill, or l of our population. We do not entertain
Work-House, instead of the present' any feminine apprehensions of danger,
modes of punishment, for petty offences, But the frequent and misguided proceed
by fine, imprisonment and stripes. The .ings of individuals, societies and States,
assertion can scarcely be doubted, that! in other sections of our country, relative
in the neighborhood of our towns and to this question, demand from us a sleep
villages within the last few years, the less vigilance. These unauthorised, un
commission of crimes is much more fre- justifiable interferences with so delicate
quent than formerly. The present modes a topic, is the more to be regretted, as
of punishment, especially by imprison-. they may induce the Stales concerned,
ment, which is most generallj' inflicted, from a due regard to their highest inte
present feeble, very feeble checks to rest, to increase the severity of their po
their multiplication, and tend but little Hey towards this portion of their popu
either to an amendment of the culprit's lation; to curtail existing privileges and
morals or to produce a wholesome influ- forbear future immunities, which huma
ence on other wrong-doers. At the nity might suggest and prudence sanc
samc time, the general insolvency of tion. The history of this State will
such offenders heavily accumulates the shew, that our laws have henn trraHnallv
I" o j
charges of prosecutions upon the differ- liberalized in their provisions, operating
eiu counueb. une oi me present modes on this class ol our community, and
of punishment, that of whipping, especi- their domestic administration has been
ally, where meanness enters into the ameliorated in a corresponding degree,
commission of the crime, I esteem a va- But if the relations subsisting betweea
luable feature in our Criminal Code, j masters and slaves, are not to be left to
The propriety of extending it to some the unbiassed operation of our own sym
misdemeanors at present punishable by pathies, justice and discretion; if inflam
fine and imprisonment, particularly injmatory doctrines are to be scattered
the case of fraudulent trading with slaves,' through our land, by foreign hands; it
is respectfully submitted to your consid-j may well be doubted, whether our at
cralion. I doubt not that the use of thejlention may not be more properly turn
Tread Mill and Work-House; where such !ed from the eonsidpr.it ion of nlans of a-
i . r
melioration, to a question oi deeper
magnitude the nreservation ot our
establishments were found practicable;
and were well organized and conducted
WOUld Contribute largely to the effieinnt iSelvP"? anrl nminfrtr frnm mnrrpMinna-
administration of criminal justice, to thelry movements, through an increased re
reformation of offenders, and sensibly Istriction, or at least, by a more vigilant
diminish the charges of prosecution by ; exercise of our police. Under these im-
thc profits of the establish nients. i hp
present mode of compensating our pros
ecuting othcers, appears to me obicction
able. Is it not the policy and duty of
every wise and liberal uovernment, as
well to protect the innocent as to punish
the guilty.J Can it be right and just that
the compensation of these gentlemen.
should, in a great degree depend upon
conviction. Is it not tneir interest to
convict, whether the accused be inno
cent or guilty? And, however respecta
ble, they are still but men. liable to all
the weaknesses 'which flesh is heir to,'
and capable ot being influenced by all
the considerations which influence hu
manity. Would it not be preferahlp
that they should enjoy fixed salaries, thus
removing all temptation to persecution.
and make their present fees pavable to
the County Trustees and State Treasury
as rcimoursemenisr 1 hat there are oth
er defects in our Judiciary system, can
not seriously be doubted, but whfithrr
they are of that description which re
quire legislative interference, oa such as
are incident to all human inslilutions,you
alone are competent to decide.
J herewith ttansmit you a communi-
m A
pressions and opinions, I bejr leave to re
commend to the Legislature, a revision
of the laws, relative to calling out the
Militia tb suppress insurrections, those
for appointing and keeping patrols, and
those in relation to the migration of frea
persons of colour into this State. The
law for calling out the Militia, by the
variety of its enactments, may lead t
confusion, and the others referred t(;,
although they may appear sufficient, are
permitted in many parts of our country,
to lie dormant and neglected. Whether
the efficacy and activity of patrols would
not be considerably promoted by an in
crease of privileges, established remune
ration, higher penalties for neglect of
duty; and whether the policy of our sis
ter States, prohibiting the migration of
free persons of colour within their boun
daries, should not be met by counter
vailing enactments, if constitional, arc
questions submitted entirely to your
discretion.
In the month of Julv last. Frederick
Nash, Esq. presented to the Executive,
his resignation, as one of the Judges of
the Superior Courts of Law, &c. In
consequence thereof, the Council of Stats