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Friday, Dec. 10, 1852.
A message was received from ihe House of Com
mons proposing to go into an election for a Superin
tendent of Common Scools, this day at 11 o'clock.
Not agreed to.
Mr. Steele introduced a bill to apportion the Rep
resentation in the House of Commons.
The Speaker announced that the bill wa3 out of
order, it beinrot the same nature of a bill now before
the Senate; but the Senator (Mr. S.) had a right to
offer it as an amendment to the bill before the Senate,
lay it on the table and be printed. It was so dispos
ed of. e .
Mr. McMillan offered a resolution in f?vor ol tne
Sheriff of Onslow county.
Mr. T. F. Jones introduced a bill to amend the
sixth chapter of the Revised Statutes concerning at
tachments. Mr. Washington introduced a bill to incorporate
the North Carolina Mining company.
Mr. W.also introduced a bill to incorporate man
teo Mining Company.
Message received from the House of Commons
transmiltino- the return of the Adjutant General of
the Stale, with a proposition to print. Concurred in.
The Dill to extend the right of appeals, prevent the
accumulation of costs, expedite justice, &c, was ta
ken up, and on motion of Mr. Kelly, laid on the table.
Mr. Cunningham offered a resolution that no special
order shall be taken up until alter 13 o'clock, Irom
and afier to-dayt Adopted.
Mr. Bynum introduced a bill to revive and continue
in force the North Carolina Mining and Mamifaetur-
Order of the day being the bill to incorporate the
Atlantic and North Carolina Rail Road company, it
was taken up and read a second time.
Mr. Steele proposed to amend by striking out por
tion of the 34th section, providing for the transfer of
$25,000 worth of stock from the Fayetteville and
Western Plank Road to the Road. Adopted.
Mr. Bower moved to strike out the whole of the
84th section, which provides for the transfer of the
stock of Raleigha rid Gaston Rail Road to the Atlan
tic and North Carolina Rail Road company.
Messrs. Washington and Gilmer opposed the a
mendment, and Messrs.-Bower and Caldwell advo
The amendment was rejected.
Mr. Bower moved to amend by striking out the
provision of the bill authorizing the treasurer to en
dorse the bonds of towns and counties.
. Pending the consideration of this amendment.
The hour of 2 o'clock having arrived the Senate
took a recess.
Evesixc Session, o'clock.
The unfinished business of yesterday was taken up,
being the bill to make appropriations of money for
internal improvements. ' .
Mr. Joy ner moved to amend the bill by striking out
all that portion in relation to Nag's Head. Adopted.
Mr. Gilmer then addressed the Senate at length, in
favor of the bill ; after which,
Mr. Boyd moved to amend by appropriating S500,
000 to construct a Rail Road from Danville, Va., to
Greensboro', N. C. Rejected.
Mr. Brogden moved to postpone indrfinitely.
Pending which motion, the Senate adjourned.
1IOUSE OF COMMONS.
Fkidat, Dec. 10, 1S52.
- Mr. Adams moved that a message be sent to the
Senate proposing to vste for Superintendent ot Com
mon Schools to day at 11 o'clock, which prevailed ;
but the Senate refused to concur therein.
Air. Mills, from the select coinmittse, reported the
bill to re-establish Polk county and recommended its
Ihe question was debated at some length DV air.
Mills, in favor of the bill, and by Mr. Webb, in op
position to it.
On motion of Mr. Holeman the bill was indefinito
ly postponed, yeas C3, nays 40.
A message was received from the Governor stating
that, the conditions having been complied with, th
board ef Internal Improvements had subscribed 2,-
000,000, on the part of the State, to the N. C. rail
road, bent to the Senate with a proposition to print
and marred to the committee on internal improve'
Mr. D. F. Caldwell, from the committee on Cor
porations, reported favorably on the bill to incorporate
a eompany to construct a railroad from some point at
or near tayettcville to the coalfields in Chatham,
Also favorably on the bill to amend the act incor
porating the town of Lumberton. Passed.
Also favorably cn the bill to incorporate the Wash
ington and larboro plankroad company. Passed.
The special order, being the incftion to reconsider
the vote by which the r ree Suffrage bill was rejected.
was taken up, ana on motion ol Air. vvauuti it was
laid on the table yeas 50, nays 54.
Mr. Caldwell continued his reports from the com
mittee on corporations :
"Favorably on the bill to incorporate the Caswell
plankroad company. Passed.
Also favorably on the bill to incorporate Solomon's
louge, io. US, of ancient York Masons. Passed
A message was received from the Governor inform
ing ihe Assembly that there are three vacancies in the
Trustees of the Ktate. University, and also transmitting
the report of the President and Directors of the Green
ville and RoanoKe railroad company. Sent to the Sen
ate with a proposition to print.
A communication was received from the Treasurer
transmitting statements ot the condition of the Wades
boro' hank and Merchant's bank at Newbern. Sent
to the Senate with a proposition to print.
The special order, being the bill to establish a free
hold homestead, was taken up upon its second read
ing. Mr. Cook offered an amendment providing that
every citizen of the State w ho has not 50 acres of
land shall be allowed to enter that quantity of any
of the vacant lands of the Slate, and shall have a
grant free of charge.-
The bill was discussed by Messrs. Cherry, Spruill,
and Albertson in its favor ; and by Messrs. George,
- --jwu. nciu 'a uuiini m opposmou to it, and
ine tiour oi a o clock havmnr arrive
ived the House
took a recess. -
EriNij.-e Session 34 o'clock.
Mr. Hill, of Caswell, introduced a hill to incor
porate Clinton Lodge, No. 107, ancient York Masons,
at i ancey ville.
Mr. Noifleet a bill to incorporate the Tarborough
and Rocky Mount plankroad company. Referred'to
committee on Corporations.
Mr. Strange offered a resolution that our Senators
and Representatives in Congress be earnestly request
ed lo endeavor to get an appropriation from the gen
eral government sufficient to deepen the channel at
tne mouth of Cape Fear river. Adopted and sent to
the Senate. with a request that that bodv concur.
Mr. Wallers a bill to authorize the commissioners
of Smilhvtlle.to transfer a certain lot.
tMf;ATte'J atbm o empower M. W. Kincaid, late
bheriff of Burke, to collect arrears of taxes.
Also a bill to appoint a time for themeeting of the
Uenral Assembly. Specifies 3d Monday in Jo
Mr. Tripp a bill to amend the act incorporating-the
bank of Washington. .
Mr. Strange a bill to incorporate the Ladies' be
nevolent Society in the town of Wilmington.
r Sk 3 bi" to diviJe WilUe county.
Mr. Puryear a bill, accompanied by memorial, to
appoint commissioners to Jay off a road from Salis
lat7,. cr.0SSln? "e Blue Ridge at Roaring Gap, to
he Virginia line.
Mr. Leach preseled a memorial praying for a new
county to be called Clay, erected out of portions ef
Kindolph, Davidson and Montgomery.
Mr. Mills offered a resolution that ihe Household
night sessions from and after Monday next. Lies
over under rule.
Mr. Calloway introduced a bill to lay off a public
road in Ashecounly.
Mr. Reid, of Duplin, a bill in relation to wills and
Mr. Wangh a resolution to rescind the resolution
making an appropriation for furnishing the capital.
Mr. Johnson presented a memorial from citizens of
Guilford praying that a tax may be laid upon ail dor,
except on. to each family. Referred to commute
on 1- lnancp. Messrs. Caldwell and Wiley presented
.-nr. JJOOiou introduced a bill to repair the
from the town of Dob;on to the Virginia line.
. v:n 4 ,ti.ri a maiontV oi me . me miimuawi,
trials in the county courts a" m7 Powell d Hou8e That it
Mr. fcherrUJ a on. a wt
others to erect a T" interenlion. Mr. Love
M . Pollina D F. Ca'dwell, and Leach advo- amendment.
Messrs. Collins, U. r . i a ' MV-ill Mr. Smith mo
",tu .'"-""" . I l, nhiee.ted to the princi
pfePS:rey embXd, but because he thought thetn in-
etf.iHt.roVDffered an amendment, which
was not read.
And the House adjourned.
Mr. Clark, from the committee on uorporauona.
reported back-the bill to incorporate the Jacksonville
and Trent River Plank Road.Company. with amend-
mMr!McDowe!l offered a resolution, that no bills
shall be introduced in ihe Senate, from and after Mon
day next, unless by consent of the Senate.
Mr Caldwell offered a resolution instructing the
Public Treasurer to pay to the N. C. Rail Road Corn-
$100,000, being first instalment oue ny u.c
the stock subscribed by tne oiaie in aiu
rainnmv. t'asseu nrsi nine, aim moui-
m . i - . .1 tl.i r.i l.io ro QMS:
nomlv.l anil nassed three times.
Mr. T. F. Jones moved that a message be senl to
the House of Commons, proposing to vote for a 5u-
nerintendent of Common Schools, on Monday next
.i 1 I iVIncL- Concurred in.
The bill to repeal the county of Jackson, returned
mil,. Sp,ii. with an amendment, ar.kin'' concurrence
f il.a Snatn. I Amendment proposes to organize
Tonvan Pnimiv.l Amendment not concurred in
Fir tit Head in n of Bills.
Bill for the better regulation of the Town'of Clin-
on, in the County of Sampson.
Rill in innnrnorate Uvvharrie anJ Yadkin Plank
Resolution relative to the bar at the mouth of Cape
Bilh on their third Reading.
B.ll to regulate appeals to the .'Supreme Court,
frnm ih stii Judicial Circuits. Passed.
Bill to amend the 53d section of the 34th chapter
of Revised Statutes. Passed.
Bill to incorparate the Franklinsville Manufactur
ing Company, in the county of Randolph. Passed
Bill t niter the line between Buncombe and Hen
Hirsnn Counties. Passed.
Rill tn inmmsrate the Swift Creek Plank Road
. . . 1 - .
Bill to emancipate James Hosier, a slave. Passed.
Bill to incorporate the North Carolina Mining Com
pany. Bills on their Second Heading.
Bill in relation to the town of Oxford. Laid on
Bill to appoint Commissioners to locate the town
of Marshall, in the County of Madison. Passed.
Bill to provide for '.he improvement of the road
from Reedy's River to theTennessee line. The bill
was amended and passed.
The Speaker announced the order of the day, the
bill making appropriations for the works of internal
improvements, being the unfinished business of yes
terday. It was" laid on the table, and.
The bill for the extension of the Central Road East
to Beaufort, being thtf next unfinished business, was
taken up, and amended; and the question being on
the passage of the bill, its second reading,
Mr. Hoke proposed to amend by appropriating
$2,000,000 for the extension of tha Road West, to
'Mr. Washington opposed the amendment, but
would vote for a separate bill to extend.
Mr. Bynum advocated the amendment so, also,
did Mr. Caldwell.
Mr. Mitchell offered as amendment to the amend
ment to strike out of the 6th sectionj 1,000,000, and
inset in lieu thereof $250,000. Rejected.
The hour of 2 o'clock having arrived, the Senate
took a recess.
HOUSE OF COMMONS.
Saturday, December 11th, 1853.
The unfinished business of yesterday, being the
bill lo establish a freehold homestead, was taken up,
the question being on the amendment onured by Mr
Cook, which was rejected.
Mr. Caldwell, of Guilford, offered an amendment
providing that no property except the freehold shall
be exempt from execution, which, after some remarks
by him, was rejected.
Mr. Puryear offeied to amend by striking out the
5th section, which provides that the homestead shall
not exceed 50 acres in extent and $500 in value;
which was rejected.
Mr. Avery offered an amendment that no husband
shall avail himself of the provisi'-ns'of the bill whose
wife is entitled, in her own right, to lands to the value
of $500; which was adopted.
Mr. Philips offered to amend by providing that Ihe
homestead shall constitute the wife's dower, if the
husband dies seized of lands three times its value ;
which was adopted.
Mr. Phillips also offered to amend by striking out
the 4th section of the bill, which makes it the duty
of the officer to appoint commissioners to lay off a
freehold when the debtor makes application to him
to do so; which was rejected.
A message was received froai the Senate propo
sing to vote for superintendent of common schools
on Monday next at 11 o'clock; which was concur
Also a message transmitting. an engrossed resolu
tion directing the Treasurer to pay $100,000 to Ihe
N. C. railroad company as a part of its first instalment
of 500,000 the $100,000 to be returned to the
Treasury out of the first money raised from the sale
of .State bonds.
On motion of Mr. Avery the regular business was
laid upon the table, the rules suspended and the res
olution put upon its 2nd reading.
. Mr. Saunders moved its reference to the committee
on Internal Improvements, and spoke in favoi of his
motion, as did also Mr. Smith.
Messrs. Avery, Cherry and Spruill opposed the
reference, and the vote being taken the reference was
On motion of Mr. Amis the committee on Internal
Improvement was allowed to-sit during the session
of (he House.
The regular business was resumed, and Mr. Ave
ry offered an amendment providing that the home
stead may consist of less than 50 acres if necessary
to reduce its value to not more than 500.
M r. Reid. of Duplin, moved to amend the amend
ment by providing that if the freehold. after it is laid
off, shall increase in value so as to be worth over
$500 it shall not be exempt from execution.
Mr. Saunders said he was a friend to the bill, and
suggested that it be allowed to pass its second read
ing and then be re-committed to the committee on
the Judiciary that some improvements may be made.
Mr. Raid, of Duplin, moved that the bill be now
re-committed to the Judiciary committee, and the mo
Mr. Leach moved to reconsider the vote by which
the bill to establish Polk county was yesterday in
ftlr. L.ander moved to lay the motion on the fable,
which did not prevail, and'the House then refused to
reeonsider. - - .
On motion of Mr. Adams the bill to divide Iredell
county was taken from the table and made the spe
cial order for 12 o'clock to-day.
,11 t j- . . ...
mr. v neeicr, irom tne select committee to which
was referred the act to incorporate the Catawba nav
igation company with instructions to report what a
mendments are necessary. renrted a bill, which was
ordered to be printed and made the special order for
11 o'clock on Monday next.
Mr. Webb, from the select committee to which
was referred military affairs, reported the bill to re
peal chap. 85 of Statutes passed at ihe session of
1850 51, and passed its 2nd reading. -
Also the bill to divide the militia of Rutherford
county into two regiments iestead of three, with a
mendments, which were adopted and Ihe bill passed.
Also the bill to abolish the militia laws of the State.
and recommended that it do not pass.
IV-f- II r -1 t ' . -
bill, and without concluding had to give way to the
special order, being the hill to divide Iredell county.
Mr. Turner, of Iredell, spoke in favor of the bill,
and Mr. Black against it. Mr. Avery explained why
he should vote for the bill.
Mr. Spruill demanded the yeas and nays, and the
bill was rejected yeas 33, nays 60.
The uninished business, being the bill to abolish
"ii. vii uwei . nr iilllllnrn. innL-n tn ravnr nr th
C r II1K I cSUI 14 UWllwi
was resumed, and the bill was re-
received from the Senate informing
had refused to concur in the ameod-
to repeal Jackson county.
moved that the House adhere to its
ved to lav the motion on the table.
whih Aiti not nmvail. and the House adhered to its
amendment yeas 64, nays 34. .
On motion of Mr. Avery the rules were suspended
and the Senate forthwith informed of the action of
Mr. Webb, from the salect committee on military
affairs, reported another bill to abolish the militia
laws and for other purposes, and recommended it do
not pass. ' -
Mr. Mclntyre advocated the passage of the bill.
Mr. Webb ogjosed it, and concluded by moving to
lay it on the table, which was done.
Mr. D. F. Caldwell, from. the committee on Cor
porations, reported' favorably on the bill to incorpor
ate the ladies' benevolent society in the town of W il
mington, and it passed, and on motion of Mr. Long,
of Randolph, the rules were suspended and it passed
its third reading. .
Also the bill to incorporate a bank at Concord, and
recommended its rejection. .
Mr. Harris, of Cabarrus, advocated the passage of
the bill, and having concluded his remarks
The House took a recess. i
TUe evening session was devoted by the two" Hous
es lo the appointment of Justices of the Peace.
Monday, December 13, 1852.
Mr. Clark, from the committee on Corporations,
reported back the bill to incorporate Manteo Mining
Company with amendments.
Mr. Drake, ftom the committee on Claims, to whom
was referred a memorial relative to Turnpike,
reported the same back and asked to be discharged
from the further consideration thereof.
Mr. Clark, from the committee on Corporations,
reported back the bill to incorporate the Neuse River
and Snow Hill Plank Road Company, with amend
ments. Mr. Joyner, from the committee on Internal Im
provements, to whom was referred sundry questions
relative to the Roanoke Navigation Company, re
ported that the committee were of the opinion, that
the Company, in default of complying with their
charter, had forfeited their right, to the portion of Dan
River, in question. - -
The hour of 11 o'clock having arrived, the Senate
proceeded, in pursuance to a joint order mae on Sat
urday, to vote for a Superintendent of Common
For Mr. C. H. Wiley Mr. Speaker, Albright,
Bynum, Cannady, Cowper, Cunningham, Gilmer,
T. F. Jones, Joyner, Kelly, Lillington, McCleese,
Mitchell, Murray, Palmer, Parks, Richardson, Steele,
Thomas, Thompson, Washington, Willey, Woodfin
For Mr. T. H. Williams Messrs. Barrow, Beny,
Bower, Boyd, Herring, Kerr, McDowell, McMillan,
Murchison and Speight.
tor Mr. Mooring Messrs. Brogden, Bunting,
Drake, Hargrave, Hoke, VV. Jones, Person, Shaw,
Woolen, Withers and Ward.
Mr. Cunningham offered a resolution that a mes
sage be sent to the House of Commons proposing to
rescind theioint resolution to adjourn on the loth
nst., and that the two Houses adjourn sine die on the
22d inst. Agreed to.
A message was received from the House stating
that that body refused to recede from its amendment
to the feenate bill providing for the repeal ol the act
establishing the county of Jackson.
Mr. Joyner moved that ihe Senate adhere, to its
disagreement to the amendment of the House to said
Mr. Bynum moved to lay thn the whole subject on
the table, which motion prevailed.
Message received from the House, proposing to
vote for a Public Treasnrer this day at 1 o'clock
Messnge from the House proposing to vote for a
U. S. Senator, this day at 12 o'clock. Not agreed to.
The engrossed bill from the House of Commons,
to incorporate the Ladies' Benevolent Society in Wil
mington, was read three times, under a suspension
of the rules.
Mr. Bynum introduced a bill and memorial to lay
off a Road in Gaston county.
Mr. Clark offered a retolution providing for the
printing of the public and private acts of the General
Assembly, in separate volumes, and for other pu rpo
ses, &c. Referred to the cornmitteeon the Judiciary.
Mr. Clark introduced a bill defining the rules and
powers of Turnpike and Plank Road Companies.
Mr. Murchison, a bill to 'incorporate Cherith Di
vision Sons of Temperance.
Mr. Bower, a bill to authorize the erection of a toll
bridge over New River, in the County of Ashe.
Air. Clark introduced a bill to incorporate Tarbo
rough and Enfield Plank Road Company.
Mr. Clark a bill to incorporate Tarborough and Joy
ner's Depot Plank Rond Company.
Mr. Kelly, a bill in relation to the town of Troy.
Order of the day being the Atlantic Rail Road Bill;
and Mr. Hoke's amendment being under considera
tion when the Senate adjourned on Friday,
Mr. Kelly spoke against the amendment. Mr.
Caldwell advocated the amendment, Mr, Lillington
The hour of 1 o'clock having arrived, the Senate
proceeded to vote as follows for Public Treasurer :
For Mr. Courts Mr. Speaker, Albritlon, narrow,
Berry, Bower, Boyd, Brogden, Bunting, Caldwell,
Cannady, Clark, Cunningham, Drake, Hargrave,
Herring, Hoke, Jones of Wake, Kerr, McDowell,
McMillan. Mitchell. Murchisor, Person, Speight
Shaw. Thomas. Ward. Watson and Withers.
For Mr. R. G. A. Love Messrs. Aiongni, y-
num, Cowper, Gilmer, Kelly, Lane, McCleese, Mur
ray, Richardson, Thompson, VVasningtion, vviuey,
Senate then took a recess.
The unfinished business of the morning Atlantic
and North Carolina Railroad bill was taken up.
Mr. Bynum moved to postpone the bill and amend
Mr. Woodfin moved to lay on tne taDie. tNoi a-
Question then recurring on the motion lo postpone
indefinitely, it was not postponed, yeas 21, nays 26.
The Senate then adjourned.
HOUSE OF COMMONS.
Monday, December 13, 1852.
The bill to incorporate a bank at Concord was
Mr. Caldwell, of Guilford, from the committee on
Corporations, reported the bill to incorporate the
Trustees of Morning Sun Academy, and it passed.
Also the hill lo provide for tbe better regulation of
the town of Louisburg, in Franklin county, which
passed. ' '
Also several Dins lor private corporations, wnich
were laid upon the table, as a general incorporation
law had been passed which embraced them in its
Also the bill to incorporate the town ot JNew
Mr. Avery, from the committee on Internal Im
provements, reported back the resolution directing
the Treasurer to pay $100,000 to the North Carolina
railroad company and recommended its passage.
Passed, rules suspended, and passed its 3d reading,
and ordered to be enrolled.
On motion of Mr. Mills the resolution to hold night
sessions was taKen up and adopted.
Mr. 1 olson offered a resolution to prohibit the in
troduction of new bills after to-day. Lies over under
rule. ,-. ' . jj:!
Mr. Cherry, frora the committee on Finance, re
ported favorably on the resolution in favor of C.
Latham, Sheriff of Washington county. Passed,
rules suspended, and passed- its 3d reading. . . -
Also adversely en' the resolution in favor of .Jos.
Donalson, of Macon county. The resolution was
rejected, asd Mr. Martin moved to reconsider, which
did not prevail. . .
The hour of II o'clock having arrived the House
proceeded to vote for a superintendent of common
schools, Messrs. Johnson and Fonville being the
uuui.iiiiico i euperiniena tne election. -
Mr. Leach nominated Mr, Wiley; Mr. Strange
Mr. Williams :and Mr. Dortch Mr. M oorincr.
those who voted for Mrj Wiley are: Messrj.
Adams, Albertson, Alford, Amis, Bafto, Blow,
Brooks, D. F. Caldwell, Calloway, Carmichael,
Cherry, Cook, Collm, Daniel, Dargnn, Erwin, Eure,
Gaither, Godwin, Gwynn," W. S. Harris,' VV. H.
Harris, Holeman, Johnson, Jones, Leach, Loekhart,
W. J. Long, Lo'ry, Zore, Matthews. McDugald,
Mclntyre, Mills, Perry, Perkins, Phillips. Puryear,
W. H. Sanders, Shimpock, Stjibbs, Simons, Smith,
Spruill, Stiles, league, Thornburgh, W. Turner, J.
Turner, Walters, Webb, Whitehurst, B. F. Williarns
and Wynne 54.
For Mr. VVi Iliams : Messrs. Allen, Barrett, Cor
bett, Dobbin, Fonville, Herring, W. Long, Martin,
Marshall, Pegram, Russell, R. M. Saunders, Sauls,
Scales, Sherrill, Strange and Sutton 17.
For Mr. Mooring: Messrs. Avery, Black, Bryant,
Burton, Byrd, Chesnut, Christmas, Dobson, Dortch,
Dunn, Dufham, Ellis, George, S.P.Hill, W. E.
Hill, Jarvis, Lander, W. H. Lyon, J. F. Lyon, Mc
Neill, Norfleet, Phelps, D. Reid, A. Reid, Rives,
Walton, Ward, Wangh, S.A. Williams, Wilder and
-The whole number of votes cast was 150; neces
sary to a choice 76; Wiley received 79; Mooring 43;
, Mr. Wiley was elected.
Mr. Cherry, from the committee on Finance, re
ported thai the committee had examined the books of
the Comptroller and Treasurer and found them " all
right. " -
On motion of Mr. Avery a message was sent to
to the Senate proposing to vole for Treasurer at 1 o'
clock to-day ; which was concurred in.
Mr. Avery nominated Mr. Courts.
Mr. Webb, from committee on private bills, re-
ported favorably on the bill to authorize the steriff
Rurherford to collect arrears of taxes; a'hd it was re
Mr. Reid, of Duplin, reported a bill in favor of
John S. Smith, of New Hanover, which passed its
On motion of Mr. Leach a message was sent to
the Senate proposing to vote for Senator at 12 o'clock
to-day ; which was not concurred in. ;
A message was received from the Senate proposing
to rescind the resolution to adjourn on the 15th and
adjourn on the 22nd. Concurred in.
Mr. Wheeler from the committee on Claims, made
a report upon the memorial of George Little", praying
compensation for a negro killed on the Kaleigh and
Gaston railroad, with a resoluiion to pay Little $700,
which passed its first reading.
Also' adversely to the memorial of Jeptha Horton.
Report concurred in.
Mr. Lander, from the committee on private bills,
reported favorably on the bill to allow J. B. Gardner,
to collect the taxes due in Yancey county for the
year 1851. Passed, rules suspended, and passed 3d
The special order, being the bill to incorporate the
N. C. and Tennessee railroad company, was taKen
up, the question being on Mr. Holeman's amendment
to Mr. Avery's amendment, striking out the sections
authorizing counties to subscribe for stock ; and the
amendment to the amendment was adopted.
The amendment as amended was then rejected
yeas 40, nays 65.
On motion of Mr. Avery the bill was then laid up
on the table.
Bills on their 2nd Heading.
A resolution to furnish Union county with standard
of weights and measures. Passed, rules suspended,
and passed 3d reading.
A bill to incorporate the Caswell mutual fire in
surance company. Passed.
Mr. Dortch moved to reconsider the vote by which j
Mr. Avery's amendment to the North Carolina and
Tennessee railroad company .was rejected ; and on
motion of Mr. Avery the motion was laid on the ta
ble. Mr. Collins, from the committee on private bills,
reported adversely to the resolution to authorize the
late sheriff of Wilkes to collect arrears of taxes, and
it was rejected.
Also favorably on the resolution to authorize the
late sheriff of Surry and Yadkin to collect arrears of
taxes. Mr. Dobson offered an amendment, and on
motion of Mr. Puryear both the resolution and a
mendinent was laid on the table.
Also favorably on the bill to extend the powers of
the commissioners of navigation for the port of Wash
Also favorably on the bill to authorize the sheriff
of McDowell to collect arrears of taxes.
The hour of 1 o'clock having arrived the House
proceeded to vote for Treasurer,' Messrs. Avery and
Thornburgh superintending the election.
Mr. Christmas nominated Mr. Love of Haywood.
Those who voted for Mr. Courts are: Messrs.
Allen, Avery, Barrett, Black, Bryant, Burton, Callo
way, Chesnut, Gorbett, Dobbin, Dobson, Dortch,
Dunn, Durham, Ellis, Fonville, Foreman, George,
Gwynn, Herring, S. P. Hill, W. K. Hill, Jarvis,.
Lander. Loekhart. Wm. Long, J. F. Lyon, VV. H.
Lyon, Martin, Marshall, Mooring, McNeill, Norfleet,
Pegram, Perry, Phelps, D. Reid, A. Reid, Rives,
Russell, Saunders, Sanders, Sauls, Scales, Strange,
Sutton, Tolson, Walton, Ward, Waugh. Wheeler,
Wilder and Wood 53.
For Mr. Love: Messrs. Albertson, Alford, Baxter,
Barcc, Blow, Brooks, Byrd, J. A. Caldwell, D. F.
Caldwell, Carmichael, Cherry, Christmas, Collins,
Cook, Gotten, Daniel, Eiwin, Eure, Furr, Godwin,
W. IS. Harris, W. H. Harris, Johnson, Jones,- VV. J.
Long, Leach, Lowry, Matthews, Miller, Munday,
MiIs, McDugald, Perkins, Phillips, Shimpock, Si
mons, Smith, Spruill, Stiles, Stubbs, Teague, Thorn
burgh, Trexler, Tripp, VV. Turner, J. Turner, . Wat
ters, Webb, Whitehurst, Wiley, S.A. Williams and
The whole number of votes cast was 151 ; neces
sary to a choice 76 ; Courts received 81 ; Love 66 ;
scattering 4. Mr. Courts was elected:
On motion of Mr. Tolson a message was sent to
the Senate proposing to vote for Superior Court Judge
to-morrow at 11 o'clock.
On motion of Mr. McNeill a message was sent pro
posing to vote for Solicitor of the 7th circuit to-morrow
at 12 o'clock.
i On motion of Mr. Cherry a message was sent pro
ing to vote for four trustees of the University to-morrow
at 12 o'clock.
The House then adjourned till 10 o'clock to-morrow
REMARKS OF MR. CUNNINGHAM,
Delivered in the Senate, on the 29th November, to
appoint a Super intendant of Common Schools.
Mr. Cunningham said : I have made up my mind,
Sir, to vote for the bill that is now before the Senate.
and I wish my reasons for doing so to be distinctly
understood. Ihe largest monetary interest in .North
Carolina is the Common School fund. It consists of
about two millions of dollars, besides an immense
amount of swamp lands; and while the interest on
these two millions is annually appropriated among
the Counties-according to federal population, an
nearly equally large is raised lor. tne same
purpose every year by taxation
That we may know what becomes of this fund, the -
County officers are required to report to the Governor
and Literary Board. Now do they do it Every
Governor has informed us they do not. Every Gov
ernor has called on us to appoint a superintending
officer to look into this matter. Not half of- the coun
ties have reported regularly, and it is said immense
sums have been lost sight of. No one calls on the
County officers to report. " They are left to act accor
ding to their own sense of right and wrong. Sir, if
a man owns a large plantation and has many hands
on it, he wants an overseer to look after things. It
he has an .extensive store he want? a good clerk.
Whosoever lays out large sums of money in specu
lation, acts very foolishly, if he does not look after it
himself or employ a trusty agent to do it for him, and
if he does not do so, he is any thing else than an
economist. For the sake of economy, 1 want a Su
perintendent of Common Schools. This school mon
ey is the people's money, and they expect us. to see
11 properly applied. Suppose, Sir, when we go home,
they ask us about these things. Suppose they ask
us all about - the Schools, and what has been done
with the million oftdollars spent in the last ten years."
What would we say 1 Whatcourf we say ? Sir, if
we told the truth, we would say, I cannot tell you
any thing about it, I do not know how much has been
wasted, how much has .been well applied, or how
much has been forever lost." Then suppose, Sir,
they ask us why we cannot give information.on these
subjects. We would have to renlyu,Jtwould have
cost us 1500 dollars, andwe did not wish to spend
your money. A hat is, wo preferred to run the risk f
losing 120,000 dollars of the people's monev everv
year, rather than spend 1500 dollars to see it applied
to the purposes established by law. Is this economy
Is it folly or wisdom ? SuoDese. Sir. wa wr i
abolish the office of Treasurer and ge home and fell
the people we had saved them 1500 dollars. "What
would ther say to osf - V
- Me. Speaker, we now have a choice of evils before ,
us. -Shall we strain at a gnat and swallow a camel J
STiall we make a great noise about the pitiful um of
ISfin .Inltars and iei!ntlv nermit the most PnormoUS i
sums to be scattered to the winds without an effort !
to see the money applied- to any lawful purpose ? lJ
will not do to tell me theJCounty supennlemianisare
required to do this and that thing. Laws are oaau
letters without some one to enforce them. Besides,
we are not left to arguments in this matter. The ex
perience of ten years stares os in the face. We have
spent a million and do not know this day what has
honmA nf it. sinH Arprv (ifivprnnrflnil evprv IjiterarT
Board has solemnly assured us that a head is wanted"
to hold subordinate officers to accountability. I want
light, Mr. Speaker, I want an investigation, a full,
fair, and thorough investigation. Are we to go on
spending 120,000 dollars without ever knowing
whether, it is doing good or evil 1 Let us know the
result so far; let us have all the facts before us; let
us appoint this agent to investigate; let us procure a
full report on the system and know whether the peo
ple wish to continue it or stop it. We have tried
the system. ten years and spent a million of dollars,
and do not know one fact. It is full time to overhaul
past transactions, to see what is lost and what has
hppn aaineri. tn have an account current made out UD
to aate, and see wneiner mis- immense concern is a
gaining or a losing business. I am a partner, you are
a partner, all the people are partners, and Sir, for one,
of j I wish an investigation, and I am willing to pay for
- ! it. The $1500 will take about one cent from the-
. amount disbursed for each child in the State. Will
it be a waste of money, for each partner to spend
this one cent to see if one million has been properly
applied ? to strike a balance sheet and see whether
it is worth while to continue a business, costing now
altogether about $200,000 annually. Sir. I repeat, let
H3 post the books and balance them. Let us have
light before we spend millions more on a system, in
regard to whose general operations we have not heard
one syllable, though it has already swallowed a mill
ion of dollars.
If any Senator will make a simple calculation, he
will find out what it will cost his County. For in
stance, by multiplying the amount distributed toeach
county by the sum proposed to be paid to the super
intendent, and dividing by the whole amount distrib
uted in the State, will give what each county has to
pay. 1; have made a calculation in regard to my
county and find that each school district will only
lose 49 cents. Now, Sir, that is a very insignificant
sum. All admit that our present system is very de
fective. This has been the case in other States, un
til a superintendent has been appointed, and then it
has succeeded admirably.
With these views, Sir, I will support the bill, and
earnestly hope it will pass. I insist on it the people
ought to be informed of the. nature and operations of
that concern which has cost and is costing so much.
We dare not stop, we cannot wisely go on without
more information. Let the superintendent be ap-
pointedand let us have a settlement up to date and
know on what ground we stand.
The yeas and nays were taken and resulted thus
yeas 30, nays 18. So the bill passed.
PORK PACKING IN THE WEST.
Tlie Cincinnati Gazette, of the 24th instant, says :
" In the hog market we have to notice continued ex
citement, and in prices a further material advance has
been established, as shown by the following com
parison of the rates currert yesterday and on last
Nov. 16. Nov. 23.
Hogs per 100 lbs net $5 3 a 5 50 " $6 00
At the corresponding dates last year $4 50 a 4 60
was the range. The average for ihe last year was
$4 70. Hog products are advancing in proportion
to hogs and the value of the leading articles compare
as follows, with the rates obtainable at the corres
ponding date last year.
12 00 16 00
5i a 5i 7
6 a Gi 8
4 a 4 7 .
Shoulders in Dry Salt
Sides in do
Prime barreled Lard
The demand for products has continued very good,
and dealers have met buyers very freely. There does
not seem to be much disposition on the part of pack
ers to accumulate stocks. The largest portion of the
purchases has been made on Eastern account. Last
week we remarked that the hog market was unsettled,
and it was uncertain whether the next move would
be up or down. It proved, however, to be an advance,
and buyers are now more confident that the market
will be sustained, than they were two weeks ago that
$5,25 would be realized. The fact that a majority of
dealers have been purchasers at $6, has, we sup
pose, contributed largely towards establishing con
It is not probable that any information of a reliable
character has been received, calculated to change the
opinions entertained a week or two since, as to the
probable extent of the incoming crop. Hogs, we
believe, are now higher than Ihey have been since
1838. There is a continued demand east of hem fr i
the New York market, and at points en the railway,
6 cents is paid. They are now, we believe, chiefly
taken on, dressed, in which shape they are worth 7
a o cents in New York, lhis price, after paying
urst cohi ana ireignis, would leave but a small margin
for profits. Our advices from points in the West
are meagre. In St. Louis the market is still unset-
tied, and packers are indisposed to pay the prices de- '
manded. The Louisville Journal, of Tnparfaw mnrn. ;
ing, says holders have instructed, their agents in this I y vll"a,I renn says: " that which makes a
county to buy at $4 12 1-2, pen weight ; but even at Sood Constitution must keep it, anmely-men of wis
this price holders show but little disposition to sell; ' "om anc virtue: qualities, that because they descend
$5,50 net is freely offered. The number slaughtered I not with wor,dly inheritance, must be carefully pro
thus far does not exceed 20,000 head. The "market PaSad by a virtuous educatioa.of yooih for which
is much excited. tpare no cost, for by such parsimony, all that is saved
We are informed that about two-thirds of the Hogs is ,ost-",
to he packed at Louisville, will be cut on account of ' Washington says: Promote, as an object of
drovers, who, as remarked last week, male their ar- 'Pr'mary importance. Institutions for the general dillu
rangements to pack in consequence of the prices here- i s'on oi knowledge. In proportion as the structure
tofore offered not affording a profit on their summer ; a Covernment gives foree to public opinion, it is
and winter contracts. In the interior there is consid- esSBn,'al 'hat public opinion should be enlightened.'"
able excitement, and where the Hogs are within reach 1' Jnn Adams says : "The nisdom and gene
of this market, we are told it is almost impossible to j rosily of the Legislature in making liberal appropria-
make purchases. Our quotations are 40 a 50c. per'i t'onsjn money for the benefit of Schools, Academies,
hundred pounds above Louisville and Madison, a- ' tc- s an e(lua' honor to them and their constituents,
mounting to over one dollar per head. This will i
c r ' - - i .. ..
pay for driving- or freiahtinir a considerable distance. ; a
The Quincy (III.) Whig of the 16th instant, says, '
Messrs. Bond & Gove have commenced nacltina-. !"
They began on the 15th to cut ud a lot of 800 hno-.
The packers of that city are now paying $5 per hun-! . Thomas Jefferson, says : " I look to the diffu
dred lor heavy well fatted hogs. Several contracts s'on 1'ght and education as the resources most to
have been made at that rate. j be relied on for amelorat'ng the condition, promoting
The Louisville Journal of the 22d says of provi- tne virtue and advancing the happiness of man. And
sions.: "In the provision market we hear of the I ' hope in the present spirit of extending to the
following sales : The product of 1200 Imtra m vu. great mass of mankind tl e blessings of instruction.
for the shoulders, 7ic. tor the hams, 8ic. for the lard, I1
ana aio a tor tne mess pork ; 10,000 hams from
block at 7$c; 8,000 shoulders at 6c, two weeks in
8a'ti ad is to be delivered by the 10th of Januarv.
and 5,000 from block at 5Jc, and 500 barrels mess
pork at $15 50; 500 barrels lard at 9$c; 500 barrels
mess pork at $15 50 ; 10,000 hams 7ic Nearly all
these purchases were made on Eastern account. Also
i the early part of the week, 1,000 hogs off the hooks
at $5 40, and the prime lard of about 30,000 head at
9Jc; 500 barrels gut and head iard at 9Jc.
Raising potatoes, this year, in New Jersey, has
been a profitable business. The number which has
been sent to Philadelphia, and New.York is almost
incredible. The farmers of Burlington county have
sent thousands of bushels since the crop was gath
ered, and yet the demand for them seems to increase.
One man in Salem, a dealer, has sent 32,000 bushr
els, which have yielded the farmers $16,000. Mr.
Morgan, in Camden county, has raised 100,000 bush
els, which at present prices, 62 cents a bushel,
would yield $62,500. ' This is farming to some pur
pose. Farmers Should Not Complain. Every product !
farmer is now in active demnrf. nl at f,.lt !
nrinea. There immhin .. i : u j
not readily sell. But as if more effectually to rebuke 'fu
past complaints at the loss from potatoe rot, and of oth
er crops by insects, while weeds, and other pests of
me neta, were left unscathed, Providence is now,
by something like the potatoe blight, exterminating
the thistle and mullen of Maine; in some parts none
escape the exterminating destroyer. Thus good is
educed -Irom it, and the equal ways of Providence
In 79 towns in New Hampshire, the vote on th
Liquor Bill was; for the bill, ,637, against, 6,082.
For the Stand,
' No. 2.
To the Honortibfe Member of the Senate and Jj I
of Cpmmons of iVbrA Carolina t
Presuming much upon your kindly forbearance'
ilfom m a o rro t r fit trmtklA w - fn ilia f-v ! - .
duces me again to trouble you on the subject of Pc, .
ular Education. Particularly am I emboldened t0 tilr:
j unueraiinp, irom ine ,iaci uiai u is a
SU )lp, :
whiM, WA a- fill unnallv tnturoatorl anrl .t
I J .lie pr, ! -
motion of. which we all should feel equally solic I
ous.' i; H
The great importance of Education and its gene f
diffusion among all classes and conditions of ourfH'
low-countrymen is doubted by none, and needs
argument, addressed to your intelligence lo ena? I
you thus to appreciate it. How far the mean, I
ontknr'.lr f ,1,- ,, .. , . f
nuuiviiij w. uiaic UT,IIIIIICIII IIVW enirustf(ji
your control and direction, should be employed '
promote it, should bs to you a question of deep jmt
est and of naramount imnnrtnnfp. A it n ..
" I - w t'7J,'i'
4: ; J. .i..- it:. I ...1 . "-''if-
iw" uii .- uiu jiuii bu i;uuaiuei u wuen plednipr,
voiif fidflltv In lha ( !nnstitminn nf nnr V... e
legislative obligations to the best of vour uh;nt:.'t"
- in my opinion u tne enns ana aims ot our govern
ment were rightly understood you are committed i' t
i - - i "ta- t
this two-fold sense. Our gove rnment was instituted
and our legislature particularly as one of its branchy
to devise means and measures to enable the peon''
n.lA ... t1at.olf. mn rl 2 jm n, 7. a n A 1 . . I . . - '
Having adopted the representative form, conimii.j &
in all its relations and appliances by the virtue and I
intelligence of the people, whatever measure, lendino-
to'their elevation and advancement, might receive t,j '
sanction and recommendation of any respectableciasi :
or association of men, ought in like manner to come 1
under the protection arid enccuragement of their rep. .f
resentatives. It being evident that popular educa. J
tion, as extensive and (diffusive as the individual
meTnbers of our political organization is indispensa.
ble to the fair and enlightened administration of i!,e
form of government, Are as a nation have chosen, it I
follows as a right of self-preservation, growing out of
the Constitution as well as this relation to the public f
interest that the Legislature should exercise all in f
authority and employ all its means to promots it.
However pleasing might be the prosecution of this
argument, believing that authorities-would be more
acceptable to you, I shall defer to the teachings of ?
those good and wise men, both ancient and modern,
whose moral virtues and hiffh Dublic services will I
add more weight to their counsel : 1
1. " WhatLycurgus thougnt most conducive to f
the virtue and happiness of a city, was principle in- in
terwoven with the manners and breeding of the peo- f
ple. This would remain jimmovable, as resting on
inclination, and be the strongest, and most lasiinj
tie : and the habits which education produced :n the
youth would ans-ver in each, the purposes of a law.
giver. For he resolved the whole business of legis
lation into the brinjjng up of a youth which he
I looked upon as tile loftiest and most glorious work
of a law giver, and lie began with it at the very
. 2. Socrates says : There is bat one good thin;;,
which is knowledge; and one evil thing which Is
ignorance. Hotf, then, can governments, whose
chief and constant duty it should be to lessen the
amount of evil and increase the amount of good, stand
exonerated from the responsibility of. the care of
Public Education "?
3. Aristotle says: "That the Education of ycuth
ought to form the principal part of the Leaislalutt
uttenlitm, cannot be a matter of doubt, since education
first moulds, and afterwards sustains the various
modes of government. The better and more perfect
the system of Education, the better and more perfect
tne pian or government, it is intended te introduce
and uphold. In this important object, fellow-citizens,
are all eq-ially and deeply concerned, and as they are
all united in one common work for one comnon pur
pose, their Education ought to be rrgulated by tbe
general consent, and not abandoned to the blind deci
sion of chance or idle caprice."
4. Pythagoras says : " The object of wisdom is to
assimilate the human mind to the Divine hy the
practice of temperance and truth. Much forethought
and discretion is netessary in the education of chil
dren. Let them be conducted in the best course of
life, and habit will render it pleasant."
5. Cleomelhes says : " That a man without knowl
edge he whose outward shape is that of a man, but
whose mind has not been instructed and informed by
Education differed from the vilest of the brute crea
tion in figure only."
Many more valuable extracts could be obtained
from Plato, Genu and others of those ancient philoso
phers, but want of space hastens me lotliote modern,
who furnish authority equally powerful and more ap
plicable. 6. Locke says: 44 A sound mind in a sound body
comprises a happy state in this world. Ot all the
men we meet with, nine parts in ten are what they
are, good or evil, useful or not by their Education."
7. Milton says: 44 The reforming of Education is
one of the greatest and noblest designs that c:in be
thought of. The right path of a virtuous and noble
Education is laborious indeed at -the first ascent, but
else so smooth, so green, so full of goodly prospect
and melodious sounds on every side, that the harp of
rPne"s wa.s not more charming."
8" k.ori Karnes aScottish noble, says : " Educa-
uiii ucnij; oi gierai iui puna ijce iu uiepuuiic as veu
:as to individuals, may well be deemed one of Ihe cap.
! -j I --.; e r i t. - . - . i
ilui ufutitj uj LTiivcmmem. ii is eniniea to ine nurs
ing care of the Legislature, for no Stale ever long
flourished when Education was neglected and even in
a priva te view, not a single branch of it is below the
attention of the gravest writer."
a Pro0' their veneratior for letters and science, and
nnrl.nl F ..... t I .: .1 XT . u I t .. .u
a portent qi great and lasting good to North and South
Amer'ca and to the worli. Great is tru'h great is
I liberty .great is humany, and they must and will
see a prospect of great advancement in the happiness
OI ne "utnan race "
and this may proceed to an inde
finite, although not to an infinite decree. A svstem
of general instruction which shall reach every descrip
tion of our citizens from the richest to the poorest,
as it wts the earliest so it shall be the latest of all
the vullic concerns in whici I shall permit myself to
take an interest. Give it to us, in any shape, and
receive for the inestimable boon the thanks of the
young and the blessings of the old, who are past all
other services but prayers for the prospeiity of theic
country and blessings to those who promote it."
13. James Madison says : " Learned institutions
ought to be the favorite objects withrery free people!
they throw that light over the public mi ad which is
the best security against crafty and dangerous en
croachments on the public liberty. They multiply
the educated individuals, from among whom the peo
ple may electa due portion of their public agents of
every description, more especially of those who are
to frame the laws: by the perspicuity the consistency
and the stability, as veil as by the justice and equal
spirit? of which the great social purposes a to be
14. James Monroe says : " Let us.' by all wise and
constitutional means, promote intelligence amonff the
Pe0Plea the best means of preserving oar liberties.
I5- John Quincy Adams savs : ' Moral', politcal
IntfIlectuaI improvements are duties assigned by
the author of oar existence to social no less than to
individual man. For the fulfilment of these duties,
governments are invested with power, and to the attain
ment of these ends, the exercise of this power. is a
duty sacred and indispensable."
October 37th, 1852.
Remarkable Difference. That between the
size of Ned Stanly now and what it would have been
had gen. Scott been elected. .Warrenlon A'cts,