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North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, December 04, 1850, Image 2

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LEGISLATIVE PROCEEDINGS.
SENATE.
' Thubsdat, November 28, 1850.
Mr. Joyner submitted a Series of Resolutions, ex
pressing the attachment of the people of North Caro
lina to the Union, approving the Compromise acts
recently passed by Congress, affirming the natural
right of every people to throw off allegiance to an
oppressive Government, an1 declaring that the peo
ple of the South, in the event of continued aggres
sion on the part of the North, may be driven to this
alternative. I , .
Mr. Caldwell, a bill to improve the public Roads
of the State. Read and passed the first time, and
rofornxt to Committee on Internal Improvements.
R.ivBt a message from the House of Commons,
proposing to raise a select cominitteof 3 on the part
of each House, to designate the time and manner of
counting the votes cast for Governor at tne laie au-
mat lntinn. Concurred in
Mr. Washington, from committee to superintend
election of Solicitor for the 2nd Judicial Circuit, re-
?orted that Mr. Stevenson had received 89 votes; Mr,
lawks 73 : Mr. Rodman 1 ; Dorch 1.
Mr. Sessoms introduced a Bill to incorporate the
Murfreesboro' Joint Stock Building Company. Read.
passed first time and referred to Committee on Cor
Dorattons. -
Mr. Kelly introduced a bill for the more speedy
and certain administration of Justice. Read, first
time, passed and leferred to Committe on Judiciary
Mr. Woodfin, from the Committee on the Judici
ary, to whom was referred a bill entitled "A Bill to
make real estate assets" reported the same and rec
ommended it be rejected. Ordered to lie on the table.
Mr. Davidson, a bill to incorporate the Charlotte
and Taylorsville Plank Road Company. Read first
time and passed. Referred to Committee on Corpo
rations. ; . , ,. . T .
Mr. Rrnnm. 9 bill to reneal an act to abolish Jury
trials in the County Courts of Kiitnenora ana i,iev
land. Read first time, passed and referred to Com
ntitta on Jndittiarv.
J . - 1 1 nl
Mr. Lillington.a bill to incorporare Fulton Lodge,
No. 99. in the Town ot toaiisbury.
The Bill to incorporate the Fayetteville and South
ern Plank Road Company passed its 2nd reading.
Received'a message from the H ous, proposing to
raise a joint Select Committee on military aftairs to
bi nf 9 nn th nart of the House and 5 on the
nart of the Senate. Concurred in.
Mr. Shepard, a bill to amend an act passed at the
...... - . . I I l lL .
session of 1833-T4, entitled " An act to estaousn me
Rank nfthn State of North Carolina." Referred to
flnrnmittM on OnrDora lions.
On motion of Mr. Drake, the Senate adjourned un-
t il to-morrow II o'clock.
HOUSE OF COMMONS.
The Speaker announced the order of business for
the House alter to-day.
Mr. Wilson from the committee on Private Bills,
made a Teport in favor of the passage of the bill to
incorporate the town of Murphy; bill read a second
time.
Mr. Saunders from the committee on the Judiciary,
reported against the bill on Stills ; bill rejected. Al
so, against the passage of the bill paying overseers of
the roads; bill rejected.-
On motion of Mr. Wilson, a message was sent to
the Senare proposing a joint committee of three from
each House, to designate the tune and manner of
comparing and counting the vote for Governor at the
late August election.
Mr. Haves of Cherokee, a resolution to loan two
thousand dollars to the Trustees of Mount Pleasant
Academy in the county of Cherokee ; referred to com
mittee on Education.
Mr. Love, a bill to repeal act of 18489 amendato
ry of act of 18445 ; referred to committee on rrivate
Bills.
Mr. Cherry from the committee to superintend the
election of Solicitor of the 2d Judicial Circuit yes
terday, reported that Mr. Stevenson had received 89
votes. Mr. Hawks 73, Mr. Dortch l,and Mr. Rodman
1, Mr. Stevenson was declared duly elected.
Mr. Pigotta bill to repeal in part the act passed by
the General Assembly of 18467 to increase the rev
enue of the State; referred to the committee on the
Judiciary.
Mr. Adams introduced a bill concerning Justices
of the County Courts; Mr. Tripp a bill to prevent
free persons of color from carrying fire arms ; and M r.
Drake a bill Jo .give the election of Clerks and Mas
ters in Equity to the people ; which were referred to
committee on the Judiciary.
Mr. Walton introduced the following resolutions,
which were referred to the committee on Negro
Slavery :
J Resolved, That the State of North Carolina,
moved by conservative jmnciples and ardent devotion
to the Union, which has ever characterized her, ac
. quiesces in the adjustment made by Congress, com
monly known as the Compromise act.
2. Resolved, That while she acquiesces, she at the
same time does most tnlemnly declare that in the event
the law for the recovery of fugitive slaves, be unheed
ed by the non-slaveholding States, or repealed or
modified by Congress, North Carolina will adopt the
most stringent and violent measures compatible with
.aw uiiuiiiutiuu till a racial vivtoi iiiiiru. .uu i i
own reserved rights as one of the sovereign States,
with a.view to coerce the maddened, misgiuded and fa
natical population of the Northern States into a just
appreciation of the rights guarantied to the Southern
States under the Federal compact, and to the with
drawal of all opposition, either director indirect to the
laws made in accordance with the same.
3. Resolved, That the Governor he, and is hereby
required to convene the Legislature whenever in his
opinion the contingency happens deprecated in the
2d resolution.
4. Resolved, That the Governor be requested to
transmit a copy of these resolutions to the Governors
of the other States of the Union with a request to lay
them before their respective Legislatures.
Mr. Ray ner introduced a bill concerning a Conven
tion to amend the Constitution of the State of North
Carolina; ordered to be laid on the table and printed.
Mr. Saunders from the Judiciary committee made
a report against the passage of the law to abolish pub
lic executions. Also, against the bill declaring that
laves convicted ot manslaughter shall be punished
only by branding and whipping ; both bills were re
jected. On motion of Mr. Webb, the Internal Improvement
committee were instructed to inquire into the expedi
ency of amending the act incorporating turnpike road
from Salisbury to Georgia line, so as to build it from
Asheville to the Georgia line.
On motion of Mr. Person of Moore, the committee
on Finance were instructed to inquire into the expe
diency of a general revision and consolidation of the
revenue laws of the State.
On motion of Mr. Bogle, the Judiciary committee
were instructed to inquire into the expediency of
amending the law in regard to the amercements of
Sheriffs, so as to exempt them unless the amercements
were moved for on the return term of the process.
On motion of Mr. Scott, the Judiciary committee
were instructed to inquire into the expediency of
amending the law concerning executors and adminis
trators sons to prdvide for pro rata distributions in the
payment of debts of equal dignity.
Mr. Hill of New Hanover, introduced a resolution
directing the Secretary of State to have 100 copies of
tne muster rolls of the volunteers who served in the
war of 1812 published for distribution among the
counties; read first time.
Mr. Dargan a resolution in favor of Tilman A. Ves
ta ; referred to committee on Claims.
Mr. Mizell, a resolution declaring that the General
Assembly shall not contract a debt for any one pur
pose to the amount of more than 9100,000 except in
case of war or invasion. Read a first time and order
ed to be printed.
On motion of Mr. Barnes of Northampton, the bill
authorizing a loan to the Chowan Female Institute
was taken up and referred to the committee on Edu
cation. Mr. Brogden from the committee on Claims, re
ported a bill as a substitute for the resolution author
izing the Sheriff of Rutherford to collect certain school
money from the Sheriff of Polk county. The bill
was read the first time.
i Mri,D,ln'aP D,l to incorporate Cedar Hill Divia
No. 16, Sons of Temperance, Anson county;
reierred to committee on Private Bills.'
atw V?1?11 of Mr- wl8i. the resolution appropri
wL tWt furnishing Engrossing Clerk's Room,
td? Sh "f 8nd paMed iu third ?dig.
Surry" count, v memo"al praying that a portion of
The HoutSP1"0"" n4 (?r,e7.ance-
if Conv.nt.oo ZXW "f1 "
amend th To ,-7V a I
.. iu
it the" order of the day for,Tesday next. t - -
JTie resolution in favor .of Mr. Dver. Sheriff of
Wilkes, passed iu third reading.
the resolution or mr. Misell concerning an amend
ment to the Constitution was also taken up, and re
ferred to the committee on amendments to the Con-
slitution.
Mr. Brogden a bill to authorize the Clerks of Coun
ty Courts to take the probate of deeds of conveyance
&o. ; referred to the committee on the Judiciary.
The House then adjourned.
SENATE.
Friday, November 29, 1850.
The Senate met pursuant to adjournment.
The"Speaker annou need Messrs. Clark, Bynum,
Caldwell of Mecklenburg, Rogers, and Pender as
the Senate branch of the committee on Military Af-.
fairs.
Mr. Williamson presented a memorial from sundry
citizens of the town of Milton, engaged in the manu
facture of tobacco, praying for an exposition and
modification of the revenue law of last session. Re
ferred to the Judiciary committee.
Mr. Courts, from the committee on Propositions
and Grievances, to whom was referred the resolu
tion heretofore introduced by Mr. Washington, in fa
vor of Francis J. Prentiss reported the same, and
recommended its passage. Read the second time and
passed"Rogers following resolution, which
was read and adopted.
Resolved, That the committee on the Judiciary be
requested to enquire into the expediency of amend
ing the act passed at the session of 1848-49, entit
led an act more effectually to prevent the selling or
giving away spiritous liquors, at or near places of
public worship ; and that they report by bill or oth
erwise. The Senate proceeded to the consideration of the
bill to make real estate assets, &c, which, on motion
of Mr. Washington, was laid on the table.
Mr. Hanghton introduced a bill to provide for the
incorporation of companies to construct plank roads
and turnpike roads, and for other purposes ; which
was read, ordered to be printed, and referred to the
committee on Corporations.
The bill to incorporate the Fayetteville and South
ern Plank Road Company was taken up, amended
on motion of Mr. Bynnm, passed its third and last
reading and ordered to be engrossed. '
Mr. Hoke introduced a bill to repeal a portion cf
an act entitled an act to erect a toll-bridge over Ca
tawba river, between the Counties of Caldwell and
Catawba, passed at the session of 1848-'49 ; which
was referred to the committee on Internal Improve
ments. Mr. Thomas introduced a resolution in favor of
John Cockerham, which was referred to the commit
tee on Cherokee lands.
On motion of Mr. Gilmer, the Senate adjourned
until to-morrow morning 11 o'clock.
HOUSE OF COMMONS.
A message was received from the Senate agreeing
to propositions of the House to raise a joint commit
tee on Military Affairs, and also a joint committee
with reference to comparing and counting the vote for
Governor. The Speaker announced the following as
the
House Branch of Committee on Military JJfcirs.
Messrs. Personof Northampton, Barnes of Edgecomb,
TriDD. Siler. Johnston. Broirden, Harrison, David-
I-
son, Scott.
Petitions and Memorials.
Mr. Caldwell, of Rowan, presented a memorial
from the officers of the 64th Regiment, North Caro
lina Militia, praying a repeal of law passed 1848 "9,
exempting certain persons from military duty ; refer
red to committee on Military Affairs.
Bills and Resolutions.
Mr. Eaton, a bill providing that one commissioner
hereafter have power to take depositions in all cases
whatever; referred to committee on Judiciary.
Mr. Love, a resolution instructing committee on
Military Affairs to enquire into the expediency of
abolishing the whole militia system ; rejected.
Mr. Martin, a resolution in favor of the Engross
ing Clerk ; rules suspended, and resolution read three
times.
Mr. Foster, of Wilkes, a resolution instructing com
mittee'on the Judiciary to inquire into the expedien
cy of allowing compensation tojnstir.es of the peace
who take lists of taxables. Adopted.
Mr. Saunders, of Wake, introduced the following
resolution which was adopted :
Resolved, That the committee on Internal Improve--merits
enquire into the expediency of repairing or dis
posing of the Raleigh and Gusion Railroad, and to
this end they .consider,
1. Whether it be most expedient that the State
should repair the same at its own expense retaining
the entire interest.
2. That a new company should be chartered with
a capital of seven hundred and fifty thousand dollars;
the present interest ot the State to form one-third ;
one-third or more to be taken by private individuals,
and the State to take whatever may remain, or so much
thereof as may be necessary for placing the road in
proper order.
3. That the Governor contract for the disposing of
the interest of the State to the best advantage, pro
vided he shall not take less than a valuation to be
fixed by such competent engineer as he may select
for that purpose.
Mr. Saunders explained that it was necessary that
some action should be taken by the present Legisla
ture, or the Raleigh and Gaston Railroad would go
down. The law provided that it should continue in
operation as long as the receipts were sufficient to
pay expenses. He had proposed three plans in the
above resolution, and he wished them considered.
On Mr. Saunders motion the resolution was order
ed to be printed.
Mr. Saunders, a bill to incorporate Raleigh Chapter,
No. 10, Royal Arch Masons ; referred to committee
on Private Bills.
Mr. Drake, a bill making it the duty of Clerks of
Superior Courts to take bond in cases of issuing writs
of Recordari ; referred to Committee on Judiciary.
On motion of Mr. Steele, the committee on Mili
tary Affairs were instructed to enquire into the expe
diency of repealing the law exempting persons over
thirty-five years of age from military duty.
Mr. Brogden presented the following resolutions,
which were refered to the committee on Negro Slav
ery :
Resolved, That the Government is one of limited
powers, and that by the Constitution of the United
States, Congress has no jurisdiction whatever over
the subject of slavery in the several States of the
confederacy.
Resolved, That the abolition of the Slave trade in
the District of Columbia, the petitions for the aboli
tion of slavery in said District, and in the Territories
of the United States, and against the removal of slaves
from one State to another, are a part of a plan of op
erations, set on foot to affect the institution of slave
ry in the several States, and thus indirectly destroy
the institution within their limits.
Resolved, That Congress has no right to do that in
directly which it cannot do directly ; and that the ag
itation of the subject of slavery in Congress, as a
means of excluding it from the common territories of
the United States, and with a view of disturbing or
overthrowing the institution in the several States, is
against the true meaning and spirit of the Constitu
tion, an infringement of the rights of the States af
fected, and a breach of the public faith upon which
they entered into the confederation. .
Resolved, That the Constitution of the United
States acta upon the broad principles ot equality
among the members of the confederacy ; and. that
Congress in the exercise of its acknowledge powers,
has no right to discriminate between the institutions
of one portion of the States and another with a view
of abolishing one and promoting the other.
Remleed, That all attempts on the part of Congress
to abolish slavery in the District of Columbia, or the
territories, or to prohibit the removal of slaves from
one portion of the confederacy to another, with. the
views aforesaid, are in violation of the Constitution,
destructive of the fundamental principles npon which
the onion ot the States rests, and beyond the jurisdic
tion' of Congress.
Resolved, That Congress has no power under the
Constitution to interfere with or control the domes
tic institutions of the several States ; and that such
Slates are the sole and proper' judges of everything
appertaining to their own domestic affairs, not prohib
ited by the Constitution; that all efforts of the aboli
tionists or others made to induce Congress to inter
fere with questions of slavery, or-to take incipient
steps in relation thereto, are calculated to lead to the
most alarming and dangerous consequences, and that
au "ucn - ort" hvean inevitable tendency to diminish
me napp
fitness of the people, and endanger the stability
not to be !
countenanced by any menu 10 onrpouiurii uiiiu""-.
Resolved, That the law passed at the late session of
Congress, known as the fugitive slave law, is in ac
cordance with the spirit and letter of the Constitution
of the United States; and its repeal by Congress,
will be a just right for North Carolina to secede from
the confederacy. . ' .
Resolved, That our Senators in Congress be, and
they are hereby instructed, and our Representatives
requested to carry into effect the principles set forth in
the foregoing resolutions. .
Resolved, That the Governor, of this State be re
quested to forward a copy of these resolutions to each
of our Senators in Congress, with a request that
they lay them before the Senate ot the United States.
Mr. Ruffin, a bill to appoint Commissioner sfor the
town of Wentwenh ; referred to committee on Pri
vate Bills.
Mr. Brogden a bill providing that only those per
sons shall be prosecutors forassaoltsand batteries on
whom the assaults and batteries shall have been com
mitted ; referred to commtttee on the Judiciary.
Mr. Russell,, a resolution in favor of the sheriff of
Montgomery county; referred to the committee on
Claims.
On motion of Mr. Mizzell, a resolution was adopt
ed instructing the committee on the Judiciary to in
quire into the expediency of amending the law con
cerning Executors and Administrators, so that they
shall pay all claims presented against the estates
which they have in hand pro rata, that may be pre
sented within nine months after the appointment of
said Executor or Administrator.
On motion of Mr. Campbell, a committee of three
was appointed to inquire why the pnblic printer has
not furnished the House with the Rules, &c. Messrs.
Campbell, Newsora and L. Sanders, were appointed
said committee.
Reports from Committees.
Mr. Person, of Moore, from the committee on Fi
nance, annouueed that a report might be expected
from the committee next week. The committee had
been instructed to inquire into the expediency of con
solidating the revenue law, and it required some timte
to examine the existing laws and the various amend
ments offered.
Mr. Steele, from the committee on Education, re
ported in favor of the passage of the bill to incorpo
rate Windsor Female Academy, with an .amendment.
Amendment adopted, and it passed its second read
ing. Also, asked to discharge that committee from the
further consideration of the resolution to provide for
annual instead of semi-annual distributions of the
school fund. Report concurred in.
Also, an unfavorable report on the bill to give the
election of committee men in each district to the peo
ple of the district.
This bill was discussed at some length by Messrs.
Leach of Davidson, Martin, Webb, Cherry, Erwin,
Pigott, Fleming, Saunders of Wake, Brogden, Fos
ter of Davidson, Stevenson, Wiley and Siler.
On motion of Mr. Stevenson, the bill was recom
mitted to the committee.
Mr. Ray ner, from the committee on Internal Im
provements, reported in favor of the passage of the
bill incorporating Greenvilleand Raleigh Plank Road
Company, with an amendment to limit the amount of
profits to 25 per cent. Adopted. Also, to strike out
ninety-nine years as the term of the charter, and in
sert twenty-five years.
Mr. Taylor offered an amendment making the stock
holders in said Company responsible in their indi
vidual or private capacity for all debts, contracts and
liabilities of the said Company. .".
U pon this amendment, Mr. Taylor called the yeas
and nays, and it was r-jected Yeas 35, Nays 73,
as follows :
Yeas Messrs. Boykin, Bridgers, Brogden. Clan
ton. Cockerham, Durham, Herring, Jones, Kallum,
Kelly, Leach, of Johnston, Love, Marshall, Martin,
Mathis, McDowell, W. McNeill, Montgomery, New
som, Patterson, Pope, Rankin, Reinhardt, Sanders
of Johnston, Saunderson, Sharp, Shernll, Sherard,
Stowe,Sutton,S wanner, Taylor, Waugh, J. Williams,
Winstead 35.
Nays Messrs. Adams, Avery, Barco. Barnes of
Edgecombe, Blow. Bog-le, Bond, Brazier, Caldwell of
Guilford. Campbell, Cherrv, Cotten, Darya n, David
son,' Dickinson, Donthit, Drake, Dunlap. Eaton, Er
win. Eure, Farmer, Fleming. Flynt, Foard, Foster of
Davidson, Foster of Wilkes. Hackney, Harrison, Hayes
of Cherokee, Hayes of Caldwell, Hill of Brunswick,
Hill of New Hanover, Holland. Jarvis. Jerkins, John
ston, Leach of Davidson, Locke, Maultsby, McKay,
McLean, McClees, McMillan, Mizell, Parham, Pe
gram. Person of Northampton, Pigott, Hay ner, Rol
lins, Ruffin, Russell. Scott, Sheek, Shinpock, Siler,
Simmons, Sloan, Steele, Stevenson, Stuhhs, Thigpen,
Thornbnrgh, Thornton. Tripp, Walton, Webh, Wig
gins, Wiley, Williams of Greene, Wilson, Winston
73.
The bill then passed its second reading, and the
House adjourned.
SENATE.
Saturday, November 30, 1850.
The Senate met pursuant to adjournment.
On motion of Mr. Washington a message was sent
to the House of Commons proposing to raise a joint
select committee of three on the part of the Senate
and five on the part of the House, to ascertain and
report to the Legislature the present condition of the
Institution for the Education of the Deaf and Dumb,
and the manner in which the same has been and is
now conducted.
On motion of Mr. Bower.
Resolved, That the committee on Claims be instruct
ed to inquire and report what was the cost of the sur
vey of the Salisbury and Western Turnpike what
officers were employed, and by what authority the
amount paid each out of what fund and wheth
er by authority of law; and if not, by what authori
ty; and that they cause to be printed for the use of
the Senatct the vouchers for said expenses, heretofore
referred to said committee.
Mr. Herring introduced a memorial from sundry
citizens of the County of Duplin, prayfng for the
passage of a law exonorating all those who have
heretofore made deeds of trust for the benefit of their
creditors generally, without fraud and in good time,
from all liabilities after the delivery of the same.
Said memorial was referred to the Judiciary Com
mittee. Mr. Cameron introduced a bill to incorporate the
Fayetteville and Northern Plank Road Company,
which was read, ordered to be printed, and referred
to the committee on Corporations.
Mr. Caldwell of M., presented the pension certifi
cate of Martha Thompson, which on his motion was
ordered to be signed by the Speaker of the Senate
and sent to the Commons.
Mr. Willey introduced a bill to amend an act pass
ed at the sesssion of 1830 '31, entitled an act to es
tablish the town of Gatesville and to incorporate the
same ; which was read and refened to the committee
on Corporations.
On motionof Mr. Joyner,
Resolved, That a message be sent to the House of
Commons informing that body that an error has been
made in the printing of the joint rules of order be
tween the two Houses, to this: that the 7th rule, as
agreed upon and adopted, requires that enrolled bills
shall be carefully examined by a joint committee of
two on the part of the Senate and four on the part of
the Commons the same rule, as printed, declares
the committee to consist of three on the part of the
Senate and five on the part of the Commons ; in the
same rule, as printed, the appointment of the com
mittee every week, has been wholly omitted.
On motion of Mr. Woodfin, the bill heretofore in
troduced by him, providing for the call of a Convention
to amend the Constitution of the State, was taken op
and made the special order for Monday next at 12
o'clock.
The engrossed resolution from the House, provid
ing for furnishing the Engrossing Clerk's room, was
taken up, the rules suspended, and was passed its
several readings and ordered to be enrolled : and the
engrossed resolution in favor of H. T. Dver, Sher
iff of Wilkes, was read, and on motion of Mr. Wash
ington, referred to the committee on Claims.
Mr. Bynuin introduced a bill to encourage the in
vestment of capital for mining and oeanufacturiuer
purposes; which was read, ordered to be printed, and
referred to the committee on Corporations.
I he resolution in favor or rrancis J. Prentiss was
taken op, read the third time, and ordered to be en
grossed.
On motion of Mr. Caldwell, of M.. the Senate ad
journed until Monday morning 11 o'clock.
HOUSE OF COMMONS.
The speaker announced the following gentlemen
at composing the - .
Mouse branch if Committee to compare vote for Gov-
an nprmanencv of the Union, and ought
emof-Messre. Thornton, Montgomery and Steele,
Mr. 2teeie asked leave oi..ao8e"OT iui i. uamto,
of Northampton, for four days,: Granted. '- m .
. Petitions and Memorials. ;- ,
Mrv Davidson introduced a bill to amend the mili- .
tia laws of the State, so that all persons between the
ages of 21 and .45 years shall serve in the militia ; 1
referred to committee on Military Affairs.
Mr. Erwin, a bill to compel prosecutors in certain
cases of assaults and batteries to pay costs when no
conviction is made ; referred to committee on the Ju-
diciary. ' " .
' On motion of Mr. Foster of Davidson, the Judi
ciary committee were instructed to inquire into the
expediency of requiring Clerks of the Superior Courts
to withhold from Judges their certificates until all
the cases on the dockets have been disposed of.
Mr. Hayes of Caldwell, a bill to appoint tax collec
tors for the State of North Carolina ; ordered to lie on ,
the table and be printed. Bill provides that a tax
collector shall be elected in each county in the State. -
Mr. Cherry introduced three resolutions ot instruc
tion to committee on Internal Improvements, re
specting the Raleigh and Gaston Railroad. Adopted.
Mr. Pegram, a bill to incorporate the Raleigh and
Summerviile Plank Road Company; referred to the
Committee on Internal Improvements.
Mr. Adams a bill to incorporate Greensborough
Division, No. 6, Sons of Temperance; referred to
committee on Private Bills. '
Mr. Cherry offered the following preamble and re
solution: Whereas, There are many conflicting opinions
with regard to the aggressions of the Northern fanat
ics upon the rights of the States ;
Resolved, Therefore, that we will have the fugitive
slave law or fight.
It was made the special order for the 24th day of
December, but afterwards it was reconsidered and re
ferred to the committee on negro slavery.
Mr. Gordon, a bill to facilitate the collection of the
Public .Revenue, and economise the same; referred
to the committee on Finance.
Reports from Committees.
Mr. Saunders of Wake, troin committee on Judi
ciary, reported in favor of the passage of the Bill re
storing jury trials to the county Courts of Buncombe
county, with an amendment, which was adopted,
and the bill passed its second reading. Also in favor
of a bill authorizing the clerks of county Courts to is
sue writs'of original attachment, with an amendment;
amendment -adopted, and the bill passed its second
reading.
Mr. Eaton explained the objects of the bill. It did
not take away from the Justices of the Peace any
power they now have, but extended the power of the
clerks of the Courts. Other writs were issued by
the clerks and there were no reasons why they should
not also issue this. The bill would relieve the Jus
tics of a great deal of labor for which they get no pay.
Mr. Jones, from thejeommittee on Propositions and
Grievances, reported against the passage of the bill
to lay off aj public road through Jude's gap. The
bill was laid on the table. Also, in favor of the bill
giving the name of Winston to the county seat of
Forsythe, with an amendment, which was adopted,
andthe bilj passed its second reading. Also, against
the application of certain citizens of Gaston county
to be attached to Cleaveland, and asked to be dischar
ged from its further consideration. Report concurred
in.
Mr. Rayner, from the committee on Internal Im
provements, reported in favor of the passage of the
Fayetteville and Centre Plank Road Company, with
two amendments to limit the dividends to twenty
five per cent, and the existence of the Company to
twenty-five years. Amendments agreed to.
Mr. Taylor offered an amendment making the
stockholders individually responsible for the debts of
the Company. Mr. Taylor explained the amendment.
Mr. Steele opposed it.
Mr. Saunders of Wake gave his reasons for voting
against the amendment. The principle of individual
liability was a good one, and should be applied to all
corporations, of which profit was the sole object of
the stockholders. Plank Roads were constructed for
the public benefit, and were not constructed alone for
the purpose of profit. He should therefore vote
against this amendment.
The amendment was afterwards withdrawn, and the
bill passed its second reading.
Mr. Wilson, from the committee on Private Bills,
made a favorable report on the bill to incorporate
Lumberton Division, No. 44, S. of-T., on the bill to
give Superior Courts of Mqcon and Haywood exclu
sive jurisdiction of jury cases, anil on the bill incor
porating Colerain Lodge, No. 21, 1. O. O. F. all of
which passed a second reading. -
A message was received from the Senate propos
ing to raise a joint select committee of three on the
part of the Senate and five on the part of the House
to enquire into the state of the Institution for the Deaf
and Dumb. Proposition agreed to.
Mr. Johnston, from the committee on Private Bills,
reported in favor of the passage of the hill incorpor
ating Robeson Institute, and of the bill incorporating
Buena Vista Lodge, No. 21, 1. O. O. F., Greensbo
rough ; which bilts passed their second reading.
Mr. Pigott, from the same committee, in favor of
the passage of bill incorporating Colerain Female
Academy, with an amendment; amendment agreed to,
and bill read a second time. ...
Bills on Third Reading.
The Bill incorporating the Greenville and Raleigh
Plank Road Company, was read a third time. Mr.
Dickinson proposed an amendment, which was agreed
to, and the bill passed its third reading.
On motion of Mr. Bridgers, his resolutions con
cerning the IN. C. Kail road company were taken up
and made the order of the day for Tuesday week
next.
On motion of Mr. Hill, the bill incorporating the Mil
ton Savings Bank was taken up and made the order
of the day for Wednesday.
On motion of Mr. Rayner, the use of the Hall of the"
House of Commons was granted this evening to
Gen. Harlee, President of the Wilmington and
Manchester Railroad, to deliver an address "on Inter
nal Improvements.
On motion of Mr. Avery, the nse of the Hall was
granted on Monday evening next to the Bible Socie
ty, for their Anniversary.
The House then adjourned to Monday.
County Court. The County Court of Orange
having met oh Monday, and a majority of the Justices
of the county being present, Sidney Smith, Esq.,
arose and addressed the court in a short and eloquent
speech on the life and character of Priestly H. Man
gum deceased, and concluded by offering the follow
ing Preamble and Resolutions, which were unani
mously adopted :
. Whereas, it has pleased Divine Providence to take
from among us our much respected, and deeply lamen
ted fellow citizen, Priestly H. Mangum, Esq., and
this Court sympathizing with the family of the de
ceased and the public in the death of so good and re
spectable a man, is desirous of certifying its esteem
and respect for his memory.
Resolved, By a majority of the Justices of Orange
now in session, that we have heard with deep regret
of the death of Priestly H. Mangum, Esq. .since
the last term of this court.
Resolved, That in the death of Mr. Mangum the
County of Orange has been deprived of the services
of a long tried and faithful Public servant as County
Attornr.y.
Resolved, That for virtue, integrity and fidelity to
his engagements, both in public and private life, Mr.
Mangum was pre-eminently distinguished ; that his
loss will be deeply felt by a large circle of friends
by whom he was so much respected.
Resolved, That a copy of these Resolutions be en
tered on the minutesof this Court and be published
in the Hillsborough Democrat, Recorder, Raleigh
Standard and Register. Hillsboro' Democrat.
Executive Omission. We are surprised that Gov.
Manly makes no allusion to the Wilmlnelon Man
chester Rail Road in his Message. If this omission
proceeds from opposition to the Koad.the manner is un
worthy of his character as a man. and discreditable to
his position as a statesman. That an improvement
which is calculated to have a vast influence on the
prosperity and welfare of North Carolina, should
pass without notice in a message oroftissin? to irive
a general account of public affairs, is to us unaccoun
table. There was at one time. a. sectional feelinir.
fostered by the intrigue of certain persons in an ad
joining State, that might have given rise to such an
anomaiy in a puouc document but we thought that
those influences were overshadowed by a love for the
prosperity and well-bein? of the "ffood old North
State." - We may be doinu Gov. Manlr ininatioe.
which is one of the last things on earth w .Jftir to
do perhaps he intends to make the affairs of this
Road the subject of a special message. Wil. Com.
REMARKS OF MR. EATON,
OF WARREN.
Delivered in the House of Commons, on the propo-
tiition of Mr. Sherard to repeal the charter of the
North Carolina Rail Road Company. ; x- "-
I cannot for a moment suppose that the House of
Commons an entertain any, serious doubts' upon the
question now under consideration the bill introduced
by the gentleman from Wayne "proposing a repeal of
the charter of the NorthjCarolina Rail Road Company.
I am very decidedly opposed to any such measure, and
am very clearly of the opinion that we have ho right
whatever to adopt it. The public faith of the.' State
has been pledged to the Stockholders of this Com
pany, that they snail enjoy the rights and privileges
conferred upon them in the act of the last session.
A repeal of the Act of incorporation by the present
General Assembly would be in my judgmenta'clear,
plain, and palpable violation of the honor of North
Carolina and her plighted faith. It would also he
in direct and manifest conflict with the Constitution
of the United States, which we have all sworn to sup
port. The 10th Section of the Federal Constitution
prohibits the States from passing any Jaw " impairing
the obligation of contracts." A charter is at contract
between the State and the individuals who may sub
scribe forstock in the Company, and the State has no
more constitutional right to annul and set aside such
an engagement, than she would have to violate any
other contract or agreement whatever. If a judicial
exposition were necessary upon this subject to en
lighten our minds as to the true meaning of the 10th
Section ot the Constitution of the UnitedPState8, such
an exposition may be easily obtained by any gentle
man who maywish for light upon this subject. It
has been expressly decided by the Supreme Court of
the United States, that a State has no power to re
peal a charter. I had supposed that in our own State
the. sentiment was almost universal that charters and
contracts of every kind are sacred and inviolable, and
that this Assembly is prohibited from touching them
with an unfriendly hand ; and such 1 now believe to
be the opinion of the bar of North Carolina, with
scarcely a single exception, so far as I am acquainted
with it. If, however, we had the right to violate
the public engagements, if the, fundamental law of the
land had not covered them with the shield of its pro
tection, we ought not to desire from moral considera
tions and a sense of justice and right, to pass any
law impairing the obligation of contracts of any kind.
I hold myself bound in honor to fulfil my private
contracts, to the best of my ability ; and in my opin
ion, my personal honor as well as my representative
duty require of me while a member of this House,
to endeavor with equal fidelity by my votes to secure
a faithful and punctilious fulfilment of all State con
tracts, debts, and liabilities. I was not a member of
the Legislature when thaict was passsd, now pro
posed to be repealed. iPl had been, 1 should have
voted for it. I am in favor of the North Carolina
Rail Road, and have been ever since the scheme was
first suggested. If, however, my sentiments had
been adverse to the measure in the first instance, I
should still be very decidedly opposed to a repeal.
The subject of the North Carolina Rail Road was
considerably discussed during the canvass in my
County last summer. Some of the people of War
ren" were violently opposed to it, and very deeply
regretted the passage of the Act incorporating the
Company, and authorizing a subscription on the part
of the State of two millions of dollars upon the terms
specified in the charter, and they probably have not
changed their sentiments upon the subject. My
opinion is that the majority is favorable to the North
Carolina Rail Road among my constituents. There
is certainly, however, a considerable portion of the
citizens of Warren County opposed to it, and some
of them probably as much so as any in the State. No
one of the candidates advocated a repeal of the act of
the last session, and if there is a man in my county
who would give the least countenance to the move
ment made here against chartered and vested rights,
I do not know him. If the gentleman from Wayne
could succeed in taking the sense of the people at
the polls upon ths subject, as he expressed a wish
to do, in my opinion he will scarcely find one solita
ry individual in the County of Warren ready to tram
ple upon the constitution of the country and the pub
lic faith by a repeal of this Rail Road Charier. We
have been told that the Company has not complied
with the terms of the act. ' If it were conceded that
it liswl nnt. th artri.iccim ...!, f.irnich ihi orfcAmc
of repeal with no justification or apology for their
course, because the time allowed to the Company for
that purpose lias not yet transpired. If the Compa
ny does not comply with the terms of the act, so as
to entitle its"lf to the benefit of the State's sub
scription, the Treasurer will not deliver to the Com
pany the State bonds, and there can be no danger.
Whenever an application is made for the State bonds,
whether the Company is entitled to have them is
sued, or not, will be a matter of judicial and not of
legislative uecision. n win oe ror tne judiciary to
interpret the law, and to declare what may be the
rights of the parties according to its true intent and
meaning.
The case referred to is that of Dartmouth College
vs. Woodward, 4 Wheaton 518. , '
MISSISSIPPI LEGISLATURE.
A Convention to he called Passage of Resolutions Cen
suring Senator Foote, $-c. :
Jackson Miss., Nov. 23, 1850. The Senate was
to-day engaged in discussing the resolution censur
ing General Foote. The vote to leave the question
of a convention to the people was re-considered.
The subject was referred to a joint committee. The
House was also engaged in discussing -the resolu
tions of censure. The committee will report on
Monday in favor of a call of a Convention by the
Legislature, and the majority will sustain the Gov
ernor in his position of redress from Congress for
the past and security tor the future. The discussion
was very bitter, and elicited much feeling on both
sides. Both Houses adjourned till Monday.
Jackson, Miss., Nov. 25, 1850. In the Senate.
the only action to-day was the report of the bill by
the joint committee providing for a convention in
November, 1851, to be elected in September next.
No vote was had on the resolutions censurinc Gen.
Foote.
The House passed a resolution censurin? General
Foote, by a majority Of 30 to 26 13 absent and not
voting. 'v..
At the evening session, resolutions were introduc
ed declaring the Adjustment Bill satisfactory, and
secession not justifiable unless the fugitive bill be
repealed or slavery abolished in the District of Co
lumbia, which were indefinitely postponed by a large
majority.
A message was received from the Governor in re
lation to. the reorganization of the militia, and will
give rise to prolonged and exciting debates.
i ne convention will be called by the Legislature.
Administration and opposition parties are holding
meetings every night.
Ueneral Davis speaks to-night.
Free Negroes in Krrrrnr-w " A uUtunnnnin..
of the Kentucky Legislature have reported a bill pro
hibiting slaves hereafter emancipated in the State
from remaining there under a nenaltv fnrtha first nf.
fence of five year's imniisonment in the nenitentiarv.
and for the second, confinement for life. It was re
ferred to the Committee on the Judiciarv. and if. or a
similar bill, it is said, will be enacted into a law under
the requirements of the Constitution. '
A bill was also reported relative to free
mulattoes, providing for an annual registration of the
names, ages and descriptions of such persons, and the
names of the emancipators. A failure on tb ,f
any free negro or mulatto to furnish his name to the
county assessor or the clerk, is made niini.ku u
a fine, to be collected by selling the person into ser-
Tuuue a Bumciem lengtn or time to pay it the pro
ceeds to be paid into a colonizatinn fnnA r.
makes it a felony for a free negro to move into tnto
the State, or any now being therein to move out and
return. The bill was refered to;the committee of the
whole, and there was an expectation that it would
certainly pass.
Vot es fob. President. The popular vote for Pres
ident of the United States, at the last six elections,
V3 ' "follows 1828, 1,162 118 votes; 1832,
V "tJ?.1?0 1836 l&n 293 do.; 1840, 3,402 C54
i i .1842'702 549 do 1848,2,575 284 do., not in
cluding Texas and South Carolina, an J omitting some
townships from which no returns were received.
Messrs. Edwards and Dobbin. These two gen
tlemen, Speakers of the two Houses of the' Legisla
ture of North Carolina, are men of talents and respec
tability combined, not inferior to any in the State ; and
in selecting them to preside, we think the Legislature
aeted wisely. ' Halifax Republican.
y- SOUTHERN RIGHTS MEETING.
Pursuant to public notice, a large and spirited num
ber of the citizens of Sampson assembled at the
Court House in Clinton, on the 19th instant," for tn!
purpose of expressing their feelings touching the
alarming attitude, which our northern brethren recent
ly have assumed towards southern citizens and south"
ern rights ; also, to consult together for their common
weal; when on motion of L. F. Carr, Esq., tle
meeting was organized by calling Dr. Win. McKay
to the chair, and Josiah Johnson and J. R. Beaman
were appointed Secretaries. The object of the meeu
ing was then explained by the chairman in an earn,
est and patriotic speech, after which, on motion, the
chairman was authorized to appoint a committee of
five to draft resolutions for the consideration of the
meeting.
The chairman then proceeded to' appoint the fol
lowing gentlemen to act as said committee, viz"
William Faison, Louis F. Carr, Silas Herring, Thos
J. Morrisey, and Arthur Brown, Esqs. The com
mittee then retired, and in its absence J. G. Shepherd
Esq., was called to the speaker's stand, and by him
the assemblage was addressed at considerable length
in a most able and eloquent manner. n
Josiah Johnson next was called to the stand, and at
the conclusion of his remarks the committee return
ed and submitted the following preamble and resolu.
lions, which were unanimously adopted, viz:
Whereas, We the citizens of Sampson Conniy
(ot the good Old North Stale) viewing with deep
anxiety the dangers that beset us, and more especial
ly the late scenes in Boston where the only act of the"
whole number of peace measures of the last session
of Congress which yielded anything to the South
was trampled under fo'ot by a fanatical lawless mob'
and southern men persecuted, oppressed and finally
driven from the City because they dared to claim pro
perty guarantied to them by the Constiution ; therefore
Resolved, That dearly as we' love and ardently de
sire the perpetuity of the Union, we will never con
sent to have our Constitutional rights trampled under
foot, our property arid lives made - insecure, for the
sake of a Union in name with those who set at naught
the Constitution and laws, and cry peace, peace, when
there is no peace. .
Resolved That for the sake of the Union we have
yielded much to 'our northern brethren, but when
they require us to yield our constitutional rights, our
property and our honor,- we will treat thena as our
enemies.
Resolved, That we recommend to our Legislature
now in session, boldly and fearlessly to assert our
rights, in languge that will be understood by all the
States in this confederacy ; and to prohibit (so far as
they have the constitutional power without detriment
to our own interests) all commercial intercourse wiih
States or individuals that are inimical to our peculiar
southern domestic institutions.
Resolved, That on the question of Southern riohts
we are all Whigs and we are all Democrats ; tliaf we
will do battle shoulder to shoulder for them.
Resolved, That the proceedings of this meeting be
signed by the Chairman and Secretaries, and ft be
published in the Raleigh Standard, Fayetteville Ob
server, Wilmington Journal, and all other papers of
this State, and a copy be sent to our Senator and
Representatives in the Legislature.
On motion, the meeting then adjourned sine die.
u;iriTAU mt.'-r
xAjxji-ix.n iui. jrv.ii. i , isiairmuH.
Josiah Johnson,
Jno. R. Beaman,
Secrelari
Imported Ware. That Cup and Saucer we in
tended to purchase of the first lot of imported China
ware, has come to hand, and is indeed a most hand
some sett. The Cup is just large enough to contuin
twice the quantity of Tea or Coffee that can be put
in an ordinary tea cup, and is of the richest ware
beautifully ornamented with gilt vines and blue
flowers. It is indeed exceedingly handsome, and
when we enquired of our friend, Capt. Alderman, the
price we must pay for it, he pointed us to a note in
the package. which politely requested us to acept the
Cup and Saucer as a present from Mr. Alexander
McRae Jr., the Importer.
We knew before that Mr. McRae was " sum piin
kins" and this act of kindness and courtesy was
entirely unnecesary to establish the fact. We ac
cept the gift with great pleasure and thank Mr. Mc-
i Rae most sincerely for it. It shall remain a valued
i relic in eu casket of mementoes, and be prized both
for the sake of the giver, and on account of its being
a specimen of the first lot of China ware imported
into North Carolina from Europe, by a patriotic and
public spirited son of the old North State, which onr
liberal people of North Carolina, should, by purchas
ing liberally of the importer, and thus encouraging
Southern Importations, and building up Southern In
dependence, beautifully commemorate.
Weldon Herald.
Discovert of a Third Ring to the Planet Sat
urn. We understand that last night the existence of
a third ring around this plant, which had been for
some time suspected, was ascertained by the astron
omers at the Observatory at Cambridge. It is interior
to the two others, and therefore its distance from the
body of Saturn must be small. It was well observed
through the great Equatorial, with powers varying
from 150 to 900, the. evening for astronomical obser
vations being remarkably fine, perhaps the finest since
the establishment of the Observatory, although, sin
gularly enough, the sky was SO hazy that to the na
ked eye only the brighter stars were visible. It will
be remembered that the eighth satellite of this planet
was also discovered at Cambridge by Mr. Bond about
two years since. Boston Traveller of 16A.
The Cotton Crop. Alabama. The people of
Greene county, according to the Beacon of the 9th,
were still suffering from one of the severest drouths
ever experienced in that section. The injury done
to the Cotton crop by the frosts of the 25th and 26th,
was greater than at first supposed. Bolls nearly
grown, of. which there were a large number on the
late Cotton on bottom lands, were completely des
troyed. .
Mississippi. The news from Natchez is that the
frosts in that region'on the 25th and 26th ult. have
very materially lessened the Cotton crop. They cal
culate there that the crop will be less than two mill
ions of bales. A letter says the bales will be very
light. The staple is so uncommonly elastic that it is
almost impossible to make a bale weigh four hundred
pounds.
T .
Fine Cottons and Good Prices. A lot of 1 6 bales
of.UpIand Cotton was sold yesterday at 15 cents, and
another lot of 4 bales, was sold at 16 cents.
These Cottons were from the plantation of Col. G.
R. Jesup, Madison co.. Ga.. and weie sold hv Wal
ters and Walker.
We also learn that 16 cents was offered and refin
ed by Hopkins, Hudson & Co., for a lot of 30 bales
of Cotton from the plantation of J. V. Jones, Burke
co., (3a., and the offer was made subsequent to the
receipt of the intelligence by the Niagara.
These sales speak well tor the quality of Georgia
Cottons, and the character of Charleston as a market.
- Chas. Mercury.
Interesting Marriage. A very interesting cer
emony was performed on Thursday in New York,
where neither the officiating clergyman, nor any of
the parties interested uttered a syUable. It took place
in the Deaf and Dumb Asylum; the' bride, groom,
bride's maid and groomsman being all deaf mutes,
and the ceremony being conducted entirely with the
fingers. Previous to the marriage, Mr. Peet, the
President, made a silent address to the pupils, which,
though entirely incomprehensible to' the spectators,
seemed to be highly interesting to those who under
stood the language.
Goino to the Worxd's Fair. The Portsmouth -(Va.)
Pilot speaks of a party of six gentlemen already
who are preparing to leave Portsmouth early in the
spring for the World's Fair at London, and to be ac
companied by several North Carolina friends. One
of the gentlemen will wear at the fair a suit ot wool,
with a wool hat, grown and manufactured in the Old
North State. ... ........
An anecdote is told of Gov. Jones, which is too
good to be lost. While making a speech some two
years since, a rowdy hissed him." Immediately the
cry, 44 turn him out," arose froai various parts of the
crowd. Just at the time aa ass near by commenced
braying, when the Governor remarked to the audience :
M Let him alone, gentlemen, his father is calling bim,
and be will soon leave.'' .J. '. V
A cargo of Kentucky tobacco, common quality, has
been purchased at Bremen for reshipment to the Uni
ted States the price here being much higher than i"
Bremen. It is now on its war to Philadelphia, and
has been sold at a profit of $1 50 to $2 00 per nan-
area. ..
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