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North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, December 21, 1850, Image 2

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PROCEDINGS.
SENATE.
I Tvusdav, December 17, 1850,
The Senate met, according: to adjournment. -
REPORTS FROM (.'OMMITTIH. '
Mr. Court from the committee on Prnpositins and
Grievances, reported the Resolution in fbvor of John
Reddick of Gates, and recommended its passage.
Laid on the taller '
Mr. Woodfin frouv the Judiciary committee, re
ported tbe bill to amend the act passed atlhe session
of 1844-'S. in relation to guardian and vrard, and re
commended Ha rejection. Laid on the table.
Mr. Woodfin, from the same committee, reported
tbe bill more adequately to-, compensate Constables,
and recommended its passage. Laid on the table.
Mr. Cameron from the committee on Corporations,
reported the following bills, and recommended their
. 'pi.. Kill in iiuinrnnniiii K'xvatone Chanter
the bill for the belter regulation of the village of
Chapel Hill the bill to incorporate Holly Springs
Lodge and the bill to incorporate the Mechanic's
Saving Society of Weldori. Laid on the table.
Mr. Woodfin, from the Judiciary committee re
ported the following bills and recommended their
passage : The bill to amend the 88th chapter of the
Revised Statutes, -and the bill concerning the right
of appeal in criminal,' cases. Laid on the table.
Also, the bill to improve the County Prisons, and
establish Houses of Correction, with an amendment.
Said bill was ordered to be printed, and made the
pecial order for Tuesday next.'
Mr. Clarke, from the committee on amendments to
the Constitution, reported the bill providing for call
ing a Convention to amend the Constitution, and re
commended its rejection. Laid on the table.
Bills, Resolutions, &c.
Mr. Sherod introduced a bill to incorporate thetown
of Hamilton, in Martin County. Read and referred
to committee on Corporations.
Mr. Caldwell of B. introduced a bill to amend the
act of 1846-'7, incorporating the Caldwell and Ashe
Turnpike Conpany. Read and referred, together
with the memorial relating thereto, to the coroinilU-e
on Internal Improvements.
Mr. Joyner introduced a bill to incorporate the Wei-
don Manufacturing company, neierrea to commit
tee on Corporations.
On motion of 'Mr. Eborn,
Resolved, That the Judiciary committee be instruct
ed to inquire into the expediency of amending the
Revised Statutes, chapter 68, section I, relating to
the distribution of intestate's estates, so that when
the intestate leave no child, or children, ordescen
dants of children, that the widow of said intestate
shall have more of her deceased husband's estate
than she is now entitled to by law ; and they report
by bill or otherwise.
The Slavery Question.
The Senate then went into Committee of the Whole,
Mr. Courts in-the Chair, and took up for considera
tion the Resolutions and Reports on blavery. Mr.
Gilmer took the floor, and addressed (he Senate at
length, in opposition to the minority Report and the
doctrine of secession; and at the conclusion of his
remarks, on his motion the Senate adjourned.
HOUSE OF COMMONS.
Personal. Explanation.
Mr. Saunders, of Wake, asked leave of the House
to make a personal explanation, which was granted.
Mr. Saunders said, in substance, he had understood
the gentleman from (-raven Mr. Stevenson in a
brief explanation he had submitted to the House a few
days since as disclaiming any discourtesy or disres
pect to himself in the remarks he Mr. S. had made
on the Resolutions introduced by Mr. Bridges. He
desired now to say to the House that the suspicions
he then expressed with regard to the source of that
attack were not well founded. A letter had appear
ed in the Raleigh Register during the canvass last
summer signed 'Newbern" attacking him, which
he had been informed had been written by the gentle
man from Craven. lie had learned since his remarks
the other day, from the same source from which he
derived his former information, that he was mistaken.
He was satisfied that the gentleman from Craven had
nothing to do with that letter. He desired therefore
to withdraw everything that had been said by him
while laboring under this wron? impression. He
hoped that this retraxit, which he intended should be
S broad as the gentleman s disclaimer, would be
satisfactory to him, and that their friendly intercourse
would continue as it had been before the misunder
ing and difficulty arose.
He would depart from his usual custom, and say
a word in relation to the Register; for his custom
was to settle newspaper difficulties through the news
papers. If the editor of the Register thinks any thing
he has said has worried me, he is mistaken; I only
regret that he has lent himself to aid others in effect
ing their purposes. He spoke of his warm attach
ment to the grand father and father of the editor, and
said nothing could obliterate these feelings. The
first communication he ever wrote was published in
the Register, and took strong ground in favor of the
war of 1813. He and the editorwere prosecuted for
a libel in the county of Stokes. The jury gave a
verdict in their favor the freedom of the press was
sustained. His relations witli the editors of the Na
tional Intelligencer too had always been of the most
friendly character, and continued soup to the present
time. When abroad, and h6 found that tbe Intelli
gencer had been stricken from the lis of papers sent
to the minister, he subscribed for it himself. If the
editor of the Register had not heard these things or
chooses to forget them, he could not help it. He
said he would rather do the editor a private favor than
a public injury.
Mr. Stevenson said, that in the speech he had the
honor to make a few days since on the resolutions
introduced by the gentleman from Franklin, in which
he had alluded to a resolution offered by the gentle
man from Wake, he had intended no personal disre
spect whatever to that gentleman. He bad attacked
his resolution, not him. He said he could not ex
press his astonishment and surprise when he heard
that the gentleman from Wake had been influenced
in the attack he had made upon himself, by the im
pression that he was the author of a certain letter to
which reference had already been made. This was
the first lime he had heard it publicly charged on him,
and he could not previously disclaim it: but he would
now state that he knew nothing of the existence of
me ieer except by a notice in the Standard. The
register, the paper in which the commuuication had
appeared, he had not seen for at least six months pre-
su. w uc veiling ui me legislature. He should
lira wss ffinnrrtt t mttnk I. I 11 ? - .
. ,ub ,Iluin ,nUij oi it, ii me gentle
man irom wake had informed hun of his suspicions,
for then he could have satisfied that gentleman of their
groundlessness. He acknowledged that the attack
made upon him had wounded his feeling deeply, but
um v.uoiuciru urn gentleman's retraxit full and
complete, he was willing to bury all unpleasant re
collections of this difficulty.
Petitions and Memorials.
Mr. Avery presented a memorial and counter me
morial, praying a repeal of the act of 1848-'9 abol
ishing jury trials in the County Court of Burke, and
a memorial praying the appointment of sale days on
the first Monday in each month at Morganton, which
were referred to the committee on the Judiciary. Also
a memorial praying the appointment of a tax collector
for Burke county ; referred to the committee on Fi
nance. Also, a memorial from citizens of McDowell
and i ancey, praying the establishment of a Public
Road from Marion to the turnpike line, which was
referred to the committee on Internal Improvements.
Mr. Waugh, a petition from certain citizens of
Stokes, praying an act to attach a portion of that
county to Forsythe, which was referred to the com-
of :7ialAn' oa PJi"?a repeal
of the act of 1848- 9 exempting u persons over thir-
.7 v "na Grievances.
il
.jr ear 01 age irom military duty, which was rea
red to the committee on military affairs. -Mr..
Erwin, a petition praying the annnint.n, -r
Martin Whltmor'e, . Justice ofthe pi Sfli?
combe county ; referred to the committee on PronJi
tions and Grievances. t-roposi-
Bills and Resolutions.
Mr. Wilson, a bill accompanied by a memorial to
prevent the fishing with seines on certain days of
each wnk. nno. K ...t.- r . ul
into Albemarle Snnnrf i h!.k .-.. j K '"
r v a ra am :
dereTeh 0n ProJpoitions and Grievances, and or
cered to be printed.
Mr. Bond nn...i.J ' ' -.
printed Uti.'V counier.memonal w th a
E?. .Ve"!r fr.ora C Skinner. Esa. Drote.H
which w,; ErTJl11" fi ectioa of said bilP,
Mr. Stubbs, m?,,ihe nitte.
latlng to th, appX!,Tep lh- actof 848-'9 re
Great Dismal Swtmn! Vf J tbe
Judiciary. !mpt red to the committee on
LEGISLATIVE
Mr Leach, of Davidson, a bill to improve the Deep
and Yadkin rivers, and to construct a portage Rail-v..
road between the same, which was. laid on til table
and ordered to be printed. y,' ' . : ,;
. Mr. Tripp, a bill for the further regulation of the
inspection of Tar sold in the State; referred to the ,
committee on the Judiciary, " ;: v ; " ".
On motion of Mr. Avery, the use of the Commons '--
Hall was granted on Monday evening next to Wm.
D. Cooke, Esq., Superintendent of the Institution for
the Deaf and Dumb, for the purpose of giving an exhibition.-
,- ... . . ...... . . ... .,.. ',.."..,..
On motion of Mr. Caldwell, of Rowan, the com
mittee on- military affairs were instructed to inquire .
into the expediency of allowing the third Regiment
of N. C. Militia the use of four hundred muskets and
one twenty-four pjunder cannon.
On motion of Mr. Wilson, the committee on the
Jndiciarv were instructed to i no. (lire into the expedi- -
ency of amending the laws, so as to provide for the
etecuon.ot all officers of the bounty, cnosen oy me
County Court, at the first session ot the oourt in
each and every year.
Mr. Williams, of Mecklenburj, a bill to allow
compensation to Justices of the Paee who may be
appointed to settle the accounts of Executors, Ad
ministrators, and Guardians ; referred to the commit
tee on the Judiciary.
. Mr. Montgomery, a bill to incorporate Graham In
stitute, at the town of Graham ; referred to the com
mittee on Private Bills.
Mr. Barnes, of Northampton, a resolution in favor
of Henry Spivey, Sheriff of that county ; referred to
tbe committee on Claims.
Mr. Person, of Moore, moved to reconsider the vote
by which the bill to appoints general Superintendent
of Common Schools, had been indefinitely postponed
yesterday.
A motion to lay the motion to reconsider on the
table was lost
Mr. Person, of Moore, said he .had made the mo
tion to lay on the table, in order that the bill introdu- .
ced by the gentleman from Guilford might have an
other hearing at some future day. The question had I
been taken yesterday while tbe House was laooring
under unusual excitement on account of the section
al issue that had been connected with the bill. He
hoped 'that gentlemen would take this matter into
serious consideration. The bill ought to be recon
sidered out of respect to the gentleman from Guilford,
who had bestowed much labor and study on the sub
ject of Common Schools. It should be considered
on its merits. As far as the discussion had gone, no
single objection had been made to the bill.
Mr. Bridges was opposed to tbe bill and to the re
consideration. He thought the School law as it now .
stands answered every purpose. There wa no.ne
cessity for the appointment of a Superintendent. It
would have a tendency to derange the whole system.
If he thought the bill would do any good, he would
go for it.
Mr. Stevenson made an appeal to those gentlemen
who had voted yesterday for the amendment and had -then
voted against the bill. He thought that after
having made use of the bill for their purposes they
were bound to extend to it a re-consideration. He
replied to some remarks of Mr. Bridges, and stated
t!iaf a report was being prr-pan d In New Berne, which
he had no doubt would throw much light ou this sub
ject.
Mr. Avery said that yesterday the friends ot ine
bill were not willing to allow it any further consid
eration, ano had pressed it to a vote. He was ready
to assist in any way to improve the school law, but
he thought that the appointment of a Superintendent
would do no good. J lie salary of SfS.OOU would do
more good if devoted directly to educational purpo-
poses. x esterday the question was taKen on tne
merits of the bill, and he thought he could not res
pond to the appeal made by the gentleman from Cra
ven, TAlr. &tevenson. I -
Mr. Wiley said he wished this bill to have a full
and fair discussion. If it was not reconsidered now.
no other bill to carry out the objects of tho present
one could be considered during the session.
Mr. Erwin considered the-amendment offered by
him yesterday as entirely germane to the.'subject. The
present basis of distribution was the radical defect of
the system, and he wanted that remedied first. He
could not vote to reconsider.
The question was then taken on the motion to re-
consider, and rejected.
Mr. Person of Moore, from the joint select com
mittee on Finance, submitted the following report.
The committee on Finance have examined the ac
counts and vouchers of the Treasurer of the State
and report that they are correct, except as to the sum
of $90 improperly paid to the Hon. John M. Dick
for holding a special term of the Superior Court of
Guilford County in September, 1850, which would
leave the balance on hand in cash on the 1st Nov.
1850, $109,114,90, instead of $109,024,90, as report
ed by the Treasurer.
The committee have also compared the Treasurer's
books with the books of the Bank, and find that there
was deposited in the Bank of Cape Fear on the 1st
Nov. 1850, $65,228.72, a larger sum by $243. than
reported by the Treasurer; and in the Bank of the
State $43,802,65 a sum larger by $58,50, than re
ported by the Treasurer ; but the committee are sat
isfied that this difference results from the fact that
some drafts of the Treasurer drawn upon these banks,
before the 1st Nov. 1850, had not been presented fur
payment up to that day.
The committee further report that they find that
$11,308,32 have been paid by the Treasurer, upon
the warrant of his Excellency, Gov. Manly, on ac
count of the Salisbury and Western Turnpike Road,
and your committee think that the said warrants were
issued and paid without authority of law. The act
incorporating that Company appropriates only the
proceeds of the Cherokee lands for that purpose, and
in the opinion of the committee there was no author
ity to pay any money on account of that road, except
such as the bonds, judgments and future sales of the
Cherokee lands shall yield. -
And your committee are not only of opinion that
there was no authority of law to pay this sum, but
that the charges made, and the amount ot money
expended for the survey of that road, were euori::ous.
Your committee ask leave to make a further report
in relation to this subject.
S. J. PERSON, Chm'n.
On motion the report was sent to the Senate with
a proposition to print.
Mr. Person of M.. made an explanation in connec
tion with the report. He explained the discrepancies
between the Treasurer's report and the Bank accounts,
and that the sura of $90 had been paid to Judge Dick
through mistake.
Mr. Hayes of Cherokee, also made an explanation
of that pari ot the report, relating to the survey of
the turnpike line from Salisbury to the Georgia line.
On motion of Mr. Avery, the bills to amend the
Constitution, and to call a Convention to amend the
same, were made the special order for to-morrow at
12 o'clock.
Mr. Person of M., from the Committee on Fi
nance, reported against the passage of three bills to
repeal the revenue act of 1848-'9, levying a tax on
droves of hogs s:d horses fee. against the reso
lution proposing to increase the tax on pedlars and
against the bill to relieve sailing vessels from the tax
imposed by the act of 1848-9; all of which were laid
on the table.
In reply to an inquiry from Mr. Rayner, Mr. Per
son stated that the committee on Finance bad propos
ed at first to make a general revision of the revenue
law, but finding they should not have time to do so,
the committee bad determined to revise and consoli
date all the acts relating to revenue passed since the
revisal of the statutes. The committee had that mat
ter under consideration now, and would present a
bill, which he thought, would furnish revenue suffi
cient, not only to pay tbe interest on the liabilities of
tne ctate, but raise a sinking fund to go towards the
payment of the principal. He expressed the opinion
that serious mistakes bad been made by tbe Govern
or with respect to the amount of means that would
be required for the next two years.
Mr. Saunders of W.. from the committee on the
Judiciary, reported adversely to the following resolu
tions, wnicn report was concurred in : A resolution
instructing the committee to inquire into the exoedi-
ency of passing an act to make all deeds of trust
void unless provision is made for the navment nf onn!
portions of all debts also, one to inquire into the
expediency of making bonds, notes, judgments, and
open accounts of equal dignity in the hands of Exe
cutors, and Administrators also one in regard to liin-
uug ma term ot service of Sheriffs to six years also
one relating to Administrators and Executors ahro.
One- to innuira intn 1 ha ,iw!iiini f Mtmn.nMil..
Justices of tbe Peace, for taking lists of taxable-,
also one to inquire into the expdiency ot repealing or
altering the law vn the subject of trading with slaves. .
.UKUau, iron, ine coramrttee on claims, repor-
I ted against the passage of tne resolution in ravor or ,
Tilmnri A. Vestal resoiuuun rrjecieu. . .
Mr. Jones, from the committee on Propositions and
Grievances, asked to be discharged from the further
consideration of the memorial of citizens of North
ampton, pray ing the emancipation of James Langford,
a free man of color.,, - l V 'j
Messrs. Barnes and Person, of Northampton, made
, ..m.-bn .nniernin!r the application. Pending
wmo ......... - .
its consideration, the House adjourned.
, .. .... -, SENATE. : . J:.-.,. - . .
Wednesday, December 18, 1850.
The Senate met according to adjournment. i v f
Reports from Committees.
Mr. Thomas, from fhe committee on Internal Im
provements, reported the bill to repeal a portion of an
act entitled an act to erect a toll-br Jge between the
Counties of Caldwell and Catawba, passed in 1848-J,
and recommended its rejection.' Laid on the table.
Mr. Thomas, from the same committee, reported
the bill to improve the public roads in this State, with
sundry amendments. Laid on the table.
Mr! Courts, from the committee on Propositions
and Grievances, reported the engrossed bill to lay off
and establish a new County by the name of Yadkin,
with sundry amendments. Ltid on the table.
Bilt.8, Resolutions, &c.
On motion of Mr. Bower, " . -
Resolved, That hereafter, when the Senate adjourns,
it adjourn to meet at 10 o'clock, unless otherwise or-
''"if Thoina, a resolution in favor of Enoch Reese
i t - M,...n I? aH first time.
Bllll jamnm Hi. " - .... ,l
. m. Thnm a hill to amend the act of 181b-7
chapter 12. Read and referred to the Judiciary com-
""MrWatson, a bill authorizing the Commissioners
ofSmithfield to sell town commons. Read and.re
f.rred to committee on Corporations. .
Mr. Drake, a bill to incorporate the Nashville
Guards. Read and referred to same committee. :
Bills on third Reading.
The bill to incorporate the Fayetteville and R.?t'e
Plank Road Company the bill to incorporate W ind
sor and Colerain Academies the bill to incorporate
the Tennessee River Rail Road Company the bill
in relation to the execution of criminal process the
bill concerning Corporations the resolution in favor
of Jason Sherrill and the resolution in favor ot
Susannah Fox, were read the third time, passed.und
ordered to be engrossed. :
The engrossed bill from the Commons, entitled a
bill to amend the 14th section of 14th chapter of an
act passed at the session of 1848-'9, concerning the
late County of Polk, was read the third time, passed,
and ordered to be enrolled. .
On motion of Mr. Bower, the bill establishing a
new County by the name of Yadkin, was taken up,
the amendments suggested by the committee agreed
to, and Hie said bill read a third time, passed, and
sent to the Commons for concurrence.
Public Treasurer.
The Senate agreed to the proposition of the House
to go into an election of Public 1 reasurer to-morrow
at half past eleven o'clock.
The Senate also agreed to the House proposition
to print the Report of the Joint select committee on
the accounts of the Public Treasurer.
Raleigh and Gaston Road, &c.
The Senate agreed to the House proposition to print
the message of the Governor, together with the Report
transmitted therewith of Maj. S. Moylan ox, in
relation to the condition of the Raleigh and Gaston
Road. .
The said message also contained a pommunteation
from the Governor transmitting the Report of Col.
W. B. Thompson, Chief Engineer, upon the exten
sion of the Cape Fear and Deep river Slackwater
nivigation to the Yadkin river, and up the same to
Wilkesborough. Also printed.
On motion of Mr. Bower, the special order, being
the Resolutions on Slavery, was postponed until
Mondav next, and made the special order for thatd.iy.
The Senate then proceeded to the consideration of
.. . . , ! , . . ... i
the Kesolulions heretolore mtrouucea ny wr. oou
fin, declaring it the best policy of the Stale to extend
the North Carolina Rail Road east to the seaboard
and west to the Tennessee line. That gentleman
addressed the Senate at length in favor of his Reso
lutions ; after which, on motion of Mr. Washington,
the Senate adjourned until to-morrow morning 10
o'clock
HOUSE OF COMMONS.
Petitions and Memorials.
Mr. Saunderv. of Wake, the petition' of Candis
Henry, a widow woman of Raleigh, which was refer
red to the committee on Propositions and Grievances,
Also, a resolution, accompanied by sundry papers
in favor of W. H. Whinston, which was referred to
the committee on Propositions and Grievances.
Mr. Martin, the memorial of Mrs. F. Hilliard.pray
in? the allowance of certain claims against the Ral
eigh and Gaston Rail Road, which was referred to
the committee on Claims.
Mr. Montgomery, a memorial from certain citizens
of Alamance and Chatham, nravini an alteration in
the criminal lav so that culprits hereafter shall be
punished by laboring on the public works, which was
reierrpu to ine committee on iuo juuicmij.
Mr. Pecram offered a petition from citizens
Chatham. Cumberland, Wakp.and Moore, asking il
erection of a new county by the name of Patterson
with a bill to carry out the wishes of the petitioners
which was referred to the committee on Propositions
and Grievances. Mr. Rollins presented a counter
memorial, which was referred to the same committee.
On motion of Mr. Saunders, of Wake, the commit
tee on the Judiciary were instructed to inquire into
the expediency of allowing the members ot the XNorin
Carolina Mutual Fire Insurance Company to be wit
nesses in all such cases in which they shall not be
parties of lecord.
On motion of Mr. Kelly, the House of Common
will meet hereafter at 10 o clock in the morning
On motion of Mr. Person, cf M.. a message was
sent to the Senate proposing to go into an election fu
State Treasurer to-monow at 11 J o clock.
' Bills and Resolutions.
Mr. Stubbs. a bill concerning the original pannel
of jurors in Beaufort County, which was referred to
the committee on Private Bills.
Mr. Walton, a resolution in favor of the late Sheriff
of Burke county : referred to the committee on Claims.
Mr. Steele, a bill to assist the Fayetteville and
Centre Plank Road Company, providing for the State
to take $25,000 stock in said load, which was reier-
red to the committee on Internal Improvements.
Mr. Dargan, a bill to prevent the sale ot spirituous
liquors to slaves ; referred . to the committee on the
Judiciary. ' .,
Mr. Herring, a bill to incorporate Clinton Female
Institute: referred to the committee on Private mils
On motion of Mr. Hill, of Caswell, the Judiciary
committee were instructed : to report a "bill directing
the Attorney General to institute suits in Wake So
perior Court against Jhe Superintendents of Common
Schools in each county for any money in their hands
unaccounted for.
Mr. Bovkin. a bill supplemental to the several
plank road bills that have been or may be passed at
the present session, relating to bridges, which was
referred to the committee on Internal Improvements.
Mr. Bond, a bill to ncorporate the Albemarle 1 ire
Enn-ine Company at Eden ton ; referred to the com
mittee on rrivate Bins.
On motion of Mr. Wiley, the committee on the
subject of slavery were instructed to inquire into the
expense and expediency of sending the free negroes of
this State to Vermont. ,-
Mr. Scott a bill to repeal the second section of the
82d chapter of the Revised Statutes concerning ordi
nances; which was referred to the committee on Fi
nance. r :
Mr. Broaden a bill to prevent the takingr of unlaw
ful tolls and fare on Railroads and Steamboats ; refer
red to the committee on the Judiciary.
, Report from Committee. , .
Mr. Jones from the' committee on Propositions and
Grievances, reported back the bill to erect the county
of Jackson, from portions of Macon and Haywood,
with an amendment, and recommended its passage.
The amendment was adopted. .-
Mr. Broaden moved to lay the billon the table.
which motion was lost. .
Mr. Siler and Mr. Hayes of Cherokee advocated
the bill at some length. Further action on the bill
was cut off, by the consideration ei the special order,
the hour of 12 having arrived. - ' .
Constitutional Question. '
Mr. Fleming moved to postpone for one hour the
special order, being the equal suffrage bill reported
by the committee on amendments to the Constitution
and tne several amendments thereto, 'offered by
Messrs. Rafner and Foster, which motion did not pre
vail. ' - ; - - w
Mr. Avery occupied' the attention of. the House ,
1l . r
ir u,w
proposed of amending the Constitution.
His speech will be given at an early dayi f:
i At the conclusion of Mr. Avery's remarks, a con
versation ensued between Messrs. Barnes, of North
ampton, Stevenson, Rayner and others, with respect
to the time when, the consideration of the subject
should be resumed, c- Finally it was agreed to take up.
the -subject after dinner, and the House forthwith ad
journed to 3 o'clock. '
Evening Session.
"The Speaker took thfe Chair at 3 o'clock, the time
to which the House adjourned present, some twenty-five
or thirty members.: )' , : '
Mr. Waugh moved a call of the Hoose. The
Clerk proceeded to call the roll, and had got down to
the S's, when, a quorum being evidently present, on
motion of Mr. Barnes, of Edgecombe, tbe further
call was dispensed with; - ;'. ' ,;
Mr. Walton addiessed the House in reply to hij
colleague, Mr. Avery. - After he had concluded Mr..
Avery rejoined, and Mr. Walton replied a second time.
A scene of considerable confusion ensued, no per
son seeming disposed to occupy tbe floor on this sub
ject. A motion was made to adjourn which did not
prevail. Mr. Foster of Davidson, withdrew his amend
ment, and Mr. Love rene ared it, which was afterwards
withdrawn. Mr. Barnes, of Northampton, moved to
postpone the further consideration of the subject un
til 12 o'clock to-morrow, which motion was lost. Mr.
Brogden called for a division of the qi estion, so as to
take the vote first on the question to slrike'out the
question being on Mr. Rayner's amendment.
Mr. Foster renewed his amendment, being the bill
to call an unlimited Convention. He statrd that he
renewed it in order that gentlemen who followed in
the discussion, might have the right to discoss it. He
should withdraw it before the vote was taken, and let
the vole he taken on Mr. Rayner's amendment first.
A disposition seeming to prevail with the House to
vote on the amendment of Mr. Rayner, he declared
that a vote should not be taken this evening. Hede-
manded that his bill sould have a fair hearing.
Mr. Fleming offered his bill to call a Convention
to amend the Constitution, as an amendment to the
amendments that had preceded it. The Clerk was
about to read the amendment, when Mr. Pope moved
an adjournment, and the Houseadjourned .
SENATE. .
Thursday, December 19, 1850.
The Senate met according' to adjournment.
Common Schools.
On motion of Mr.. Gilmer, a message was sent to
the House proposing to raise a joint select committee,
to consist of the members of the committee on Edu
cation of the Senate and House of Commons, to
whom all bills, resolutions, and communications on
the subject of Common Schools shall be referred ;
and that said joint select' committee be instructed to
examine the whole system of Common Schools, by
such lights as can be attained in the City of Raleigh
the situation and amou.:t of the Literary Fund now
unaccounted for, in the hands of officers of the School
laws, or of private individuals ; and to report at as
early a day as practicable a plan for the collection of
monies due the Literary Fund, for the more efficient
and better organization of the system of Common
Schools, and for fhe more safe, economical, and bene
ficial application of the School Fund to the purpose
for which said fund was originally designed. :
. Reports from Committees.
Mr. Clark, from the committee on Constitutional
Amendments, to whom was referred the bill to abol
ish tho freehold qualification for Senatorial voters, re
ported a substitute for the same, and recommended
its passage. Laid on the table. '
Mr. Cameron, from the committee on Corporations,
reported a number of private bills, which were laid
on the table. These bills will be notiecd on their
second reading.
Bills, Resolutions. &c. '
Mr. Bynnm introduced a hill requiring Committees
of Finance to pass upon all County claims. Refer
red to the Judiciary committee. ....
The bill to prevent the destruction of stock in the
wild range the bill to incorporate Theophilus Di
visionthe bill to incorporate Connoho Lodge the
bill to incorporate Tuscarora Lodges the. bill to en
large the powers of the Commissioners of the town
of Wilmington the bill to incorporate Independent
UiviAion, No. 31, feons or temperance tho bill ' to
incorporate Maratock Division the bill to incorpo
rate Hanks Lodge the bill to incorporate tho Ring
gold Guards the bill to incorporate Hamilton Fe
male Academy and the bill to incorporate Esparaza
Lodge, were read the third time, passed, anJ ordered
to be engrossed.
The Senate took up the bill to estaMif h a Bank in
the town of Washington, on its third reading. . Be
fore the question was'taken, the Senate was inform
ed by message that the House was about proceeding
to vote forTreasurer, in accordance with joint agree
ment. The Senate then voted as follows, Messrs.
Bunting and Haughton having been appointed on the
part of that body to euperinteu'1 the voting:
For Mr. Courts. Mr. Speaker, Barrow, Berry,
Bower, Bunting, G. Wi Caldwell, Cameron, Oa na
il y, Clark', Collins, Drake, Hargrave, Herring, Hes
ter.Hoke, Jones, McMillan, Nixon. Rogers, Sherod,
Speight, Thompson, Watson, Williamson, and Woo
len 25.
For Mr. Hinton. Messrs. Arendell, Barnard,
Barringer, Bond, Bynnm, T. R. Caldwell, Davidson, '
Eborn, Gilmer, Grist, Haughton, Joyner, Kelly,
Lane, Lillington, Malloy, Pender, Richardson, Ses
soins, Shepard, Thomas, Washington, Willey and
Woodfin 24.
The Senate then resumed the consideration of the
Washington Bank bill, which, after some debate,
was read the third time, passed, and ordered to be
engrossed.
Mr. Haughton, from the committee, reported that
there was no election of Treasurer.
On motion cf Mr. Hoke, a message was sent to
the Commons proposing to vote again immediately
for Public Treasurer.
The Senate now proceeded to the consideration of
Mr. Wood fin's Resolutions in relation to the exten
sion of the North Carolina Rail Road pending which
the Senate was informed that the House would Tote -fotthwith
for Treasurer. The Senate then voted for
Treasurer, Messrs. Hoke and Kelly superintending
the voting. The vote was the same as above, with
the exception that Mr. Thomas voted this time for
Mr. Courts. The vote was 26 for Courts, and 23 for
Hinton.
The Senate then resnmed the consideration cf Mr.
Woodfin's' Resolutions, when Mr. Washington took
the rloorand spoke at length in their favor: after which.
on moiion of Mr. Caldwell of Burke, the Senate ad
journed. . - ;.
HOUSE OF COMMONS.
The Speaker laid before the House a message from
the Senate, announcing the passage by that body, of'
the engrossed bill to lay off and establish the county
of Yadkin with an amendment. Tbe amendment was
adopted, and the bill was ordered- to be enrolled.
Also, a message transmuting the. followinar en
grossed bills from the Senate : a bill to authorize the
building a toll bridge over the Dan River, near Mil
ton, in Caswell county a bill to incorporate the
Asheville and Greenville Plank Road Company a
bill to incorporate the Home Guards, a volunteer com
pany of Alamance county, all of which were read
the first lime. On motion of Mr. Avery, the bill to
incorporate the Asheville and Greenville Plank Road
Company, was referred to the committee on Internal
Improvements.-
- " Petitions and Memorials.
Mr. Davidson offered a memorial from the Wis tar
Medical Society, praying the appointment of a Board
of Examiners to examine all persons who may desire
to practice Medicine in this State; laid on the table.
On motion of Mr. Davidson, a messaee was sent
to the Senate proposing to raise a ioint select com
mittee of three on the part of the House, and two on
the part of the Senate, to consider the subject of the
above memorial. " ' s - -
Mr. Doufhit presented a communication from the
Judge Advocate, relating to a division of the 75th
Regiment of the North Carolina Militia, which was
referred to the committee on Military Affairs.
dills and Resolutions.
Mr. Jones presented a bill to improve Haw River.
which was referred to the committee on Internal Im
provements.. "
Mr. Sloan a bill concerning Clerks of the Conntv
and Superior Courts, and Clerks and Masters in
Equity, which was referred to the committee on the
uaiciary. - -
Mr. Avery a bill to incorporate the North Carolina
and Tennessee Railroad Company, to extend from
Salisbury to tbe Tennessee line with a caoital of
$3,000,000; referred to the committee on internal
Improvements, v .-
ardsbf an hour in'discussing tbe various plans
Tbe hour of 111 o'clock having arrived, the ttoDsek
proceeded to vote for 1 reasurer under the superin
tendence of Messrs. Rnffin and Adams. Mr. Steele
nominated Charles L: Hinton, Esq., of Wake; Mr.
Person of M., Daniel W. Courts, Esq..- of Rocking-
bam, and Mr. Fleming, Capt. Green W. Caldwell,
el Mecklenburg. Previous to the vote, Mr. Fleming
withdrew the name ot Air. uatdwell from nomina
tion, and Mr. Stone stated the nomination of Mr.
Caldwell had been made without any authority from
him. The Honse then voted as follows:
For Mr. Courts Messrs. Speaker, Avery. Barnes
of E.j-Bond,' Boykin, -Brazier Bridges, Brogden,
Cockerham, Gotten, Durham, l;uon, r lynt, V onvuie,
Gordon, Harrison, Herring, Hill of Caswell,' Hill of
New Hanover, Jarvis, Jones, Kallum, Kelly, Mar
shal, Martin, Matbis, McDowell, McLean, N. Mc
Neill, W. McNeil, Mizell, Montgomery, Newsom,
Patterson, Pegram, Person of M., Person of N.,
Powers, Rankin, Reinhardt, Rollins, Rufhn, Saun
4ers of W, Saunderson, Sheek, Sherard, Stevenson,
Stowe,Swanner,Taylor,Thigperi,Tbornton,Waugh.
vviiiamsoi m., ana wiison DO.
Foa Mr. Hinton Messrs. Adams, Amis, Barco,
Barnes of N., Blow, Bogle, Caldwell of R-. Cald
well of G., Campbell, Cherry, Clanton, Dargan,
Davidson, Dickerson, Drake, Dunlap, Erwin, Eure,
Farmer, Foard, Foster of D., Foster of W., Hack
ney, Hayes of Cherokee, Hayes of Cleaveland, Hill
of B., Jerkins, Leach of D., Locke, Love, Maoltsby,
McKoy, McCIeese, McMillan, Parham, Pigott, Pope,
Poole, Rayner, Russell, Scott, Shinpock, Siler, Sim
mons,' Sloan, Steele, Stubbs, Thornburgh, Tripp,
Walton, Webb, Wiggins, Wiley, Williams of G.,
and Winston 55. .
For Mr. G. W. Caldwell Messrs. Flemming,
and Sharpe 2.
Foa Mr. McMillan Mr. Doutliit. '''
. Mr. Adams from the committee to superintend tbe
election of Treasurer, reported that Mr. Courts had
received 81 votes, Mr. Hinton 79, scattering 3; no
one having a majority, there was no election. .:
Mr, Martin offered a resolution instructing the
committee on Education to reports bill making cer
tain amendments in the Common School law, which
was adopted. . - - .....y
- A message was received . from the Senate, propos
ing to go forthwith into an election of Treasurer,
which was agreed to.
The House proceeded to vote again for Treasurer,
under tho superintendence ,of Messrs. Clanton and
Bond, as follows:
For Mr. Courts Messrs. Speaker, Avery, Bond,
Barnes of Edgecombe Boykin, Brazier, Bridgers,
Brogden, Cockerham, Cotton, Durham, Eaton, Fon
ville, Flynt, Gordon. Harrison. Herring, Hill of Cas
well, Hill of New Hanover, Jarvis, Jones, Kallum,
Kelly, Marshall, Martin, Matbis, McDowell, McLean,
Neill MeNeill, W. McNeill, Mizell, Montgomery,
Newsom, Patterson, Pegram, Person of Moore, Per
son of Northampton, Powers, Rankin, Reinhardt.
Rollins, Ruffin, Saunders of Wake, Saunderson,
Sharp, Sheek, Sberrill, Sherard, Stevenson, 'Stowe,
S wanner, Taylor, Thigpen, Thornton, Waugh, Wil
liams of Mecklenburg, Wilson, and Winstead -58.
For Mr. Hinton Messrs. Adams, Amis, Barco,
Barnes of Northampton, Blow, Bogle, Caldwell of
Rowan, Caldwell of Guilford, Campbell, Cherry,
Clanton, Dargan, Davidson, Dickerson, Drake, Dun
lap, Erwin, Eure, Farmer, Foard, Foster of David
son, Foster of Wilkes, Hackney, Hayes of Chero
kee, Hayes of Cleaveland, Hill of Brunswick, Jer
kins, Leach of Davidson, Locke, Love, Maultsby,
McKoy, McCIeese, McMillan, Parham, Poole, Pope,
Rayner, Russell, Scotl, Shinpock, Siler, Simmons,
Sloan, Steele, Stubbs, Thornburgh, Tripp, Walton,
Webb, Wiggins, Wiley, Williams of G., and Win
ston 54.
For Mr. G. W. Calweli. Mr. Flemming.
Messrs. Sanders and Leach of Johnston, and Mr.
Sutton were absent from the city ; Mr. Holland was
! l I Tl . j; , . tin . t
sick, ana mr. jonnston inuisposea ; in r. vv ins tea u
was not in the House on tbe first ballot, and Messrs.
Douthit and Pigott did not vote on the second ballot.
Mr. Bond, from the committee to superintend the
election of treasurer, reported that -Mr. Courts had
received 84 votes, Mr. Hinton 77, scattering 1. Mr
Courts having received a majority of all the votes
cast, was declared duly elected I reasurer of the State.
On motion of Mr. Hayes of Cherokee, the special
order for the day, being a bill relating to Cherokee
lands, was laid on the table.
On motion of Mr. Erwin, the bill relating to the
payment of costs by the prosecutors in certain ca
ses, was taken up from the table and made the special
order tor cattirdry next.
Unfinished Business.
The House resumed the consideration of the unfin
ished business of yesterday, being the bill to amend
the Constitution, with the amendments of Messrs.
Rayner and Foster thereto.
Mr. Barnes of Northampton, address id the House
on ' this subject, declaring himself opposed to any
changes in the Constitution, but expressing himself
wuung to suumtt tne question ot Convention or no
Convention to the people. He had confidence in the
people more confidence in their patriotism than in
that of their representatives. He alluded to the late
election for Governor, and said it was not equal suf
frage alone that had caused a revolution in the State,
but that the distribution of the school fund had had
something to do with it. He found, from the mess
age of Gov. Manly, that he was wrong, and his col
league Gen. Person, right in that matter.
Oh moiion of Mr. Saunders of Wake, the House
took a recess to half-past 3 o'clock this evening.
Etening Session.
The House assembled at 3& o'clock according to
adjournment. Mr. Saunders of Wake took the floor
and addressed the House in favor of amending the
Constitution by legislative enactment. Mr. Rayner
replied, and continued his remarks to a late hour,
when, without concluding,, he gave way- to a motion
to adjourn ; and the House adjourned. .,
REMARKS OF MR. FLEMING, ?
OF TANCT, ... , -
Delivered in tbe House of Commons on Mr. Bridg
es' Resolutions in relation to the North, Carolina
Rail Road. . , ,
Mr. "Speaker: I shall certainly not be guilty of the
presumption of attempting to inflict a speech on this
House after the able, eloquent, and unanswerable re
marks just delivered by my honorable friend from
Wake. Sir, if reflect for the House and the gallery did
not prevent, respect for myself would prohibit me from
aspiring to the unenviable distinction of contrasting
any thing I might say with the masterly effort which
has extorted so much applause from both members
and lobby. But I trust the gentleman from Wake
win permit me to relieve him from all forebodings
in my quarter. He has intimated that his remarks
and his position on this Internal Improvement Ques
tion has caused all the thrusts to come from his po-
lr-r , f - t i i . . - .
uticai irienas, wnose oanner ne nas borne from the
seaboard to the mountains. ' I can only say to that
gentleman that he has nothing to fear from the De
mocracy of the great Western Reserve. They have
authorized me to say to him, that trana-mouniain De
moeraty never repudiate t that though bis old friend
from Chatham may have deserted him. recruits are
coming in by thousands the energy and patriotism
of the eountry are rallying to his standard. And
that though the gentleman from Bertie would insult
us with our beggary and poverty, I have only to say
if poor in property we are not poor in honor ! If re
pudiation must come it will never come from tbe
Western Democracy; the East must commit that sin.
Those mountains which in war have poured forth
their legions to defend their country's flag, will do
the same in peace to- defend her honor. 1 will go
farther, and assume the responsibility of answering
for my Whig friends of our District, and say that no
repudiating voice, either Whig or Democrat, will
there he found to tarnish the fair escutcheon of North
Carolina. ; -, , .
Overland Immigration. The accounts of tbe
overland route to California are increasing in horrors,
at each successive arrival. Sitting' by oar cheerful
fire side, surrounded by all the comforts of civilized
life, we can scarcely appreciate the difficulties, the
sickness, the hunger and dreadful deaths to which
the poor adven urers in search of gold and plenty are 1
subjected. - ' ' . ' . j
A gentleman who travelled ih " Carson route
kept a daily journal of the disasters and of death's
doings, on his journey: He counted of dead mules
1,061 ; dead horses 4,960.and dead oxen and cows 3,-750.-
This and other property abandoned on the route
wag. worth at least one million of dollars, he says.
The same journal records on the route 953 graves, and
computes' 5,000 as the number of persons that most
have perished during the past season.
- , - ' ' Ct'n. Gazette,
: , , MINORITY REPORT,
Of the Select Committee on Constitutional Amend
1 -merits,:-.submitted to the" House of Commons Vf
North Carolina,' on the 10th December, 1850.
; The undersigned, a member of the Select Commit,
tee on Amendments of the Constitution, cannot con.
cor entirely in the report of the majority of saidcom.
miuee. The several distinct propositions referred to"
the consideration of the committee, may be stated as
loiiows:
Firl. The abolition of the freehold qualification
rpqnired by the Constitution for electors of the mPm
J-bers of the Senate."'" " "'-'" :
Secondly. , The election of Justices of the Peace by
the people. ' .' r
Thirdly. The election of Judges by the people and
limiting their term of office. .. ,
Fourthly. Restricting the Legislature within ik.
I limit nfftnA iinnftml llinnmiul rffnllnr in a n
j nient ajproprhltjna. moneJ or pledging the faith of
the Sta fo, the payment of money. . . f
I ., . , .
. . uuauio iicrwoaafj iui mc cummiiire (OCOnsider
first, is it expedient to amend the Constitu tion inii
or any of the respects as above proposed ; and, in the
second place, if amendments were to be made, should
they De eneciea by legislative enactment, or by a
limited convention, or should we call an unlimited
convention? - t
It will be at once perceived, that these several dis
tinct .changes of our organic law, proposed to beef,
fected in several distinct modes, necessarily gave rise
to a variety of opinions in the committee ; and the an.
dersigned proposes, in order that misapprehension
may not arise, and that it may be understood wherein
he differs froni the majority, concisely to submit his
views upon this subject.
He concurs with trie majority report in so far a it
proposes toabolish the freehold qualification for elector
of members of the Sena te, and in recommen ling that
at the pretent time, no stepts be taken to chance th
mode of electing Justices of the . Peace. He also
concurs (and on this subject the committee were
unanimous) in asking to be discharged from the further
consideration of that resolution, which seeks to fetter
the State in her financial operations.
The undersigned does not concur with a majority
of the committee, in recommending the rejection of
the bill referred to them, which proposes to amend
the Constitution, by submitting the election of the
Judges to the people, and limiting their official ten
ure to a term of years. He roost respectfully sub
mats that this is a reform loudly called for by the
progress of democratic principles. It is true, that in
the infancy of onr institutions, when our fundamental
laws were established, many of cur wisest statesmen
distrusted the political sagacity of the people. This
distrust, wherever it has existed in the republic, has
gradually diminished, and given place to a firm confi
dence in an ed ucated and enlightened public opinion.
The ballot-box, that compact depository of the pub.
lie will, has gained upon the estimation of the world,
and in this country is paramount to all other modes
of selecting those who exercise authority over us.
The undersigned is aware that this reform has been
considered by many patriotic citizens to be a danger
ous experiment, tend ing destroy that proudest mon
ument of Anglo-Saxon wisdom the independence of
the Judiciary. If such a result is to be feared, the
reform should not be attempted. But the change pro
posed is no longer an experiment. It has been adop
ted in several of our sister States, and none of the
evils prophesied have come to pass ; but, on the other
hand, the reform has equalled, if not exceeded the ex
pectation of its friends.
The question which gave the committee the least
difficulty, concerned the mode in which constitutional
reforms should, at the present time, be effected. The
undersigned believes that those who favor the call of
a convention, are influenced by motives which lav
outside the questions referred to the consideration of
the committee. As epon this part of the subject, the
undersigned concurs in opinion with the majority, it
is unnecessary he should state his views at large. He
would only remark, thai the call of an unlimited Con
vention, (and the power of the Legislature to impose
a limit is doubted,) during the present state of sec
tional controversy and excitement, would impair, if not
wholly destroy the compromises of the Constitution,
divide still more widely apart the different sections of
the State, open the discussion of subjects dangeroui
to the peace of the republic, and destroy that harmo
ny without which no State progress can be made.
Furthermore, it is evident, that if a constitutional
majority desire to reform our organic law, in any
particular, this object can be attained, almostas speed
ily, and certainly more economically, under the pro
visions of the amended Constitution, article IV, sre
tion II, which provides for amendments by legisla
tive enactment.
Therefore, to carry out the views herein set forth,
the undersigned, in addition to the suffrage reform
proposed by the majority of the committee, recom
mends the passage of the bill now upon your table,
which provides for the election of the Judges by the
people, and limits their office to a term of years.
Respectfully submitted.
' - GEORGE S. STEVENSON.
REMARKS OF MR. BOND,
OF CHOWAN. - -
Delivered in the House of Commons, on the 13th
instant, on the Resolutions of Mr. Bridges in rela
tion to the Njrth Carolina Railroad.
Mr. Bond begged The indulgence of the House' for
a few minutes in consequence of the very pointed and
direct allusion made to him by his friend from Ber
tie. He had no idea of participating in the debate.
HfCjn8ldred " "tunate th it this matter ever yras
introduced or agitated in this Hall, but as it had
found its way here, no alternative was left fo hi in,
but to pursue such a course as his own opinions and
his duty to his constituents would prescribe. He al
luded to the newspaper notoriety, which himself and
several others had acquired by their votes a few days
since, under the name of " Repudiators," and jus
tified his vote against the rejection of Mr. Sher
ard's bill, by his inadequate information in regard to
the charter and proceedings of the Company, by his
inability to hear distinctly, and thus learn fully the
facts submitted in the' course of the debate, by hit
desire of opportunity for reflection, inquiry and in
vestigation, and by his dislike to reject peremptorily
without such full and fair consideration. If for that
he deserved the, name of M Repudiator," though
not covetous of the distinction he must submit to
it with the best grace he could assume. He stated
that the sentiment of the Chowan people was op
posed to the Central Railroad, and accounted for and
justified it by the failure of Internal Improvements
neretoiore. ne aavenea to tne Kaleigh and Gaston
Road, for which, perhaps, the fairest promises had
been made. Had those promises been redeemed 1
He must conclude they had not been, as this Road
for a long time, bad been a drain on the Treasury,
and was now in a state dangereous to life and proper
ty, and he had almost said, discreditable to the State.
Secondly by the manner in which and the eireumtlaneet
under which the charter of the Central Road passed
through the Legislature. This rebutted the plain indica
tions and certainty of success, averred on the part of its
friends, by the prodigious efforts, (so long unsuccess
ful), which have been found necessary to recommend
it to popular favor and the public confidence.
He had heard a great deal of the difficulties under
which the Western people labor. He admitted they
had their difficulties. He had never seen a sec
tion of country without them, and he was dis
posed tobeleive a kind Providence had so distributed
them as to make them fair and equal to all. Tbe Al
bemarle people have their diffiuliies also, in a long,
tedious, circuitous and expensive navigation to mar
ket ins laborious and costly system of drainage, sod
in insalubrity of climate. He answered the question,
do the Resolutions before us amount Co repudiation!
in tbe negative, by showing that ther were merely
an expression of sentiment and. an offer on the part
of the State to the Company, not at all imperative or
obligatory. He said be must reflect the sentiments
of bis constituents by voting against the indefinite
postponement, and if it came to a directs vote, by sap
porting the Erst resolution. The second and fourth be
considered not at all pertinent or important.
His
course on the third would depend on the fate of the first
If that were defeated, he would conclude (nd it was
the only fair ground on which he could base-any
opinion at all) that a majority of tbe people of North
uaroiina bad declared, through their representatives m
this Hall, in favor of the Road. With that he would
be content, yet felt it to be his duty to reflect faithfully
and fairly by bis votes on this occasion tbe sentioienW
of tbe people of Chowan. In. conclusion, be did
not feel disposed to procrihe any 'one for bis advoca
cy ef. ibis scheme; h enly asked that he might not
be proscribed for his sentiments. . -
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