OCR Interpretation


Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, January 03, 1845, Image 1

Image and text provided by University of North Carolina at Chapel Hill Library, Chapel Hill, NC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84026536/1845-01-03/ed-1/seq-1/

What is OCR?


Thumbnail for

o -
DAVID FULTON, Editor.
1L3RED JL. JPHlCMSf
AND Pnopmiroae.
OUR COUNTRY, LIBERTY, AND GOD..
VOL. 1.
WILMINGTON, N. C, FRIDAY, JANUARY 3, 1845.
NO 16.
JOUR
PUBLISHED
EVERY FRIDAY MORNING.
TERMS
or THX
WILMINGTON JOURNAL:
Two Dollars and fifty cents if paid in advance.
3 QO at the end of three months.
3 50 at the expiration of the year.
y0 paper discontinued until all arrearages are
j except at the option of the publishers. No
Lkacription received for less than twelve months.
' ADVERTISEMENTS
Inserted at one dollar per square of IG lines or
less, fr tna ft1' an twenty-five cents for each
succeeding insertion. 25 per cent will be deduc
ed from an advertising bill when it amounts to
thirty dollars in any one year. Yf.aiilt standing
advertisements will be inserted at $10 per square.
All legal advertisements charged 25 per cent
jijlier.
jIf the number of insertions are not marked
on the advertisement, they will be continued until
ordered out, and charged for accordingly.
,j-4ettors to the proprietors on business con
nected with this establishment, must be post paid.
OFFICE on the south-east corner of Front and
Princess streets, opposite the Bank of the State.
f) i E X C X (Tr
EVC'W DESCRIPTION,
Neatly executed and with dispatch, on
liberal terms for cash, at the
JOURNAL OFFICE.
BLAKKS,
Of every description may be had at the oiuce of
t'ac " Journal," as cheap as can bo procured in the
State, for cash. Any blanks wanted, and not on
hand,' will be printed at he shortest possible no
tice. COHNEZiXUS rtsters.
Hanitfaciurer & Scaler In
KAT5 AND CAPS,
WHOLESALE AST) RETAIL,
MARKET STREET Wilmington, N. C.
GEORGE W . DAVIS,
LONDON'S WHAUF, Wilmington, N. C.
Oct. 4th, 1811. 3-1)
Receiving aaa Forwarding Agent,
AND
General Commission Jtlerchmit,
Next door Norl.li of the New Custom-house,
YVlLMlNGTOV, N. C.
GILLESPIS 5b ROB 23 ON.
. a e jy t s
For the sale of Timber, Lumber, and all
other kinds of Produce.
Sept. 21, 1814. 1-tf
Auctioneer & Commission Merchant,
WILMINGTON, N. C.
Liberal advances made on shipments to his friends
in New York.
September 21, 1844. 1-tf.
Wholesale & iletail Drug gist
WILMINGTON, N. C.
Prospectus
FOR THE CONGRESSIONAL GLOBE AND
APPENDIX.
These works have such a wide circulation, and
have been so universally approved and sought after j
by the public, that we deem it necessary only in
this prospectus to say that they will be continued
at the next session of Congress, and to state, ue- j
cinctly, their coatento, the form in which they will
be published, and the prices lor tliem.
The Congressional Globe is made up of the dai
ly proceedings of the two houses of Congress.
the speeches of the members are condensed to
bring them into a readable length. All the reso
lutions offered, or motions made, are given in the
mover's own words; and the yeas and nays on all
the important questions. It is printed with small
type brevier and nonpariel on a double ro-al
sheet, in quarto form, each number containing 16
royal quarto pages.
The Appendix is made up of the Picsident's
annual message, the reports of the principal offi
cers of the Govermcnt that accompany it, and all
the long speeches of members of Congress, writ
ten out or revised by themselves. It is piinted in
the same form, as the Congressional Globe, and u
sually makes about the same number of pages.
As some persons who may receive this prospec
tus may wish to subscribe for our regular papers,
through which we speak to members of Congress
and their constituents, wc will here state that we
publish a daily paper at $10 ; a semi-weekly paper
at 55; and a weekly paper, with a complete index
to it, at $3 a year, pav iple in advance.
TERMS.
For the Congressional Globe, $1 per copy.
For the Appendix, 1 per copy.
Six copies of cither of the above works will be
sent for $5; twelve copies for $10; and so on in
proportion for a greater number.
Payments may be transmitted by mail, postage
pid, at our risk. By a rule of the Post Office
Department, postmasters r.re permuted, to frank
lettrrs written by themselves, containing money
tor subscriptions.
The notes of any bank, current where a subscri
ber resides, will be received by u. at par.
To insure ail the numbers, the subscriptions
should be in Washington by the 10th of Decem
ber next, at farthest.
QCj'No attontion will be paid to any order un-
i .t.
-s uic money accompanies it.
BLAIR & RIVES.
Washington City, Nov. 11, 1844.
4CJS43s44 M if
ffe0fe PAIR NEGR0 BROGANS,
P XW xF 500 pair men's kip do.
Together with a general assortment of men's
C 1 L r and KIP
sewed and pegged BOOTS, which will be sold
Hcap and no mistake, at the sign of the Mammoth
W J. PUNDERFORD. N29,llt
3ust luuftea from Net) Yorfe,
Pr schr. Samuel Ingham, and for sale by
WM. COOKE,
1 CRATE CROCCERY, 10 casks and 12
hoxes Cheese, 15 kegs Goshen Butter,
20 bhls Apples, 20 do. Potatoes,
6 hhds retailing Molasses.
" rocs hire Crackers, and
mcnt of FAMILY GROCERIES. f Nov.
THE JOURNAL.
North Carolina Legislature.
IN SENATE.
Thursday, Dec. 19.
The Senate met according to adjournment.
Mr. Joyner, from the Internal Improvement
Committee, made sundry reports, which were
read.
Mr. Waddell, from the Judiciary Commit
tee, to whom was referred the Resolution di
recting an inquiry into the expediency of giv
ing to the courts of law jurisdiction of equita
ble claims not exceeding fifty dollars, reported
a hill to that effect, which was read the first
time and passed. Mr. Waddell also reported
in regard to the Resolutions upon landlords
and tenants, that there is no Legislation ne
cessary in the premises.
Mr. Joyner, from the committee on Internal
! Improvements, to whom was teferred so much
of the Governor's Message as relates to the
Wilmington and Raleigh Rail Road Compa-
ny, reported a bill to authorize the said Com
pany to issue bonds to the amount of one hun
dred thousand dollars, to redeem a like amount
of bonds issued under the act for the relief of
said Company ; which was read and ordered
to he printed.
The hill concerning Jury Trials was then
taken up aisd read a third time and passed
ayes 28, noes 20.
Received from the Commons a message con
curring in the proposition of the Senate to
raise a Joint Select Committee to enquire in
to the propriety of making some public man
ifestation of respectfor the memory of the late
William Gaston, and stating that Messrs.
Washington, Poindexter, Graves, and Ellis,
form their part of the Joint Committee on the
subject; whereupon the Speaker announced
that Messrs. Cameron, Joyner, of Halifax,
Pasteur and Francis, form the Committee on
the part of the Senate.
The Senate then took up the bill heretofore
introduced by Mr. Shepard in regard to the
Raleigh and Gaston Road.
Mr. Biirgs, of Mai tin, moved three amend
ments to '.he bill as reported, all of which
were rejected. After Which, the original bill
passed, by a vote of 23 to 18, and was order
ed to be engrossed.
CASE OF THE SENATOR FliOM ONSLOW.
On motion of Mr. Wilson, the resolutions
and report of the Select Committee in relation
to the certificate of the Senator from Onslow,
was tak?n up, and Louis U. Henry and Dun
can K. McRae, Esquires, were admitted as
counsel for Mr. Ennett within the bar of the
Senate. Mr. Wilson then moved, in pursu
ance of the application of Mr. Ennett's coun
sel, to re-commit the certificate with the ac
companying papers to the Select Committee
already raised for tbat purpose. His motion
was rejected yeas 24, nays 24 the Speaker
voting with the nays.
Mr. Biggs moved lo postpone the resolu
tions and report to the 28th instant, and make
it the order of the day for that day ; which
motion was rpjected by the same vote.
Mr. Francis moved to m ike the matter the
order of the day for to-morrow Mr. Biggs
moved to amend said motion by striking out
to-morrow and inserting 24th instant; and
pending this Mr. Boyden, with a view to make
j the matter the order of the day to-morrow, as
it would necessarily be, as it would be the
! unfinished business of to-day. moved an ad
journment. Not agreed to yens 2, nays
1 2;3 Mr. Waddell then moved an adjournment,
j which was negatived by the same vote,
i The motion of .Mr. Biggs to strike out and
insert me iJ4tn insi., naving oeen negativeo,
Mr. Francis moved to make the report and
resolutions the order of the day for to-morrow.
This motion prevailed yeas 24, nays 21.
The Sneaker voted in the affirmative.
Th
counsel tor Mi. innett then read
1
. i ... i I
the
following affidavit, to wii :
"The Senator from Onslow, William En
nett, swears that he expects to prove by Mr.
Marsteller, that he had informed him, Mr. En
nett, on the Sunday next before tho meeting
of the Legislature, in the day-time, that it
was his opinion that the Senator from Onslow,
could take his seat in the Senate without the
Sheriff's certificate, by making other proof of
title to his seat ; and also that he expects to
prove by the Sheriff, John A. Averitt, that he
had promised him, Mr. Ennett, to make out
his certicate of election, and send it to him
before the organization of the Senate ; also
that Mr. Marble, of Onslow, had promised to
procure said certificate from the Sheriff afore
said, and send it to him in time before the
setting of the Legislature ; and also by Mrs.
Bradley, that Mr. Ennett sent to her father's
house (Averitt's) for the certificate, and the
answer brought by the messenger was, that
her father was from home, but would attend
to it in time.
(Signed) WM. ENNETT.
Sworn to before the Speaker.
On motion of Mr. Edwards, it was then re- j
solved, that the above affidavit be received
and admitted as testimony, in the hearing of
the case ofthe Senator from Onslow.
vmiTKE COMMONS.
Messrs. Washington, Poindexter, Graves j relief of Thomas W. Booker, which was read
and Eliis, were appointed, on the part ofthe land adopted, and ordered to be engrossed.
House, to compose the joint select committee After receiving reports from Committees,
nn thn rncnlnlinn nHnntoH vpsterdav. relative! nnd the transaction of Some unimportant busi-
to the death of Hon. William Gaston.
Mr. Bond (whin) w ho voted in the majori-
ty yesterday, on the resolution relative to Jno
H. Wheeler, moved to reconsider the vote by
which the same was adopted.
Here a sharp discussion ensued, in which
Messrs. C. L. Payne, Hanghton. Shepard, ot
Wake, and others participated, after which,
i tne question was taken on the motion tore-
i . 1 1 1" il . lY? . 1
consider, and it was decided in the affirmative
yeas 61, nays 53.
x. Fleming presented a Protest, which,
by the House, was ordeied to be spread upon
the Journals, in the words following, viz :
The undersigned, differing in opinion from
those in favor ofthe resolution instructing the
Attorney General in a certain event to institute
a suit dgainst John H. Wheeler, Public Trea
surer, for eighty -one dollars, would most res
pectfully request, that the reasons of said dif-
ierence ot opinion, or some ot them at least,
may be placed upon the Journals of this House,
lest his vote against said resolution might be
construed into an unwillingness to investigate
the subject, which he is not only willing but
anxious, should be properly investigated, and
i found liable, whether it he Tagc, Wheeler
the money recovered from whoever may be
Hinton. But the reasons for voting against
the resolution are nist, because in the opinion
of the undersigned, the suit must fall in the
eveni u is instituted against Wheeler, as he j
uaa ejLiiiuueu vuueuers irom under the proper i
authority which are admitted by the Commit-
tee of Finance to be genuine, forall claims that j
he appears to be responsible, and that in this !
particular case, Page has receipted, as I am in
formed, on the back of the certificate for the a
mount in full which is evidence in the onin
ion of the undersigned that will exclude his
testimony, it being a maxim in law that u no
man shall take advantage of his own wrong."
If therefore his evidence is excluded, the suit
must fail and the State pay the cost.
ButSir, if his evidence is received there is
odds against it. There is not only his receipt
over his own proper signature, but Wheeler's
statement and Wheeler's books, whose re
cords are made under oath, and by one at least
as much disinterested as Page ; so that there
are three chances to one against a recovery, if
Page's testimony is admitted. This is the
slate of the case taking the strongest presump
tion against Wheeler. But on the other hand,
here is written evidence at least that the mo
nev was paid. In the first place. Parre admit-
ted that he got the eighty-one dollars of Hin- '
ton, and not Wheeler, and his receipt for that j
amount, from all the evidence never appears
to have went into the hands of Col. Wheeler,
but was passed to the Comptroller before
Wheeler came into office, and consequently
without his knowledge. It is therefore not
only a fair but a legal presumption, that he
paid the two hundred and twenty-eight dollars
according to the certificate when presented, as
not only his books, but Page's receipt on the
back of the certificate assert so thut without
expressing an opinion as to where the moral
obligation rests, it is at least in my humble
opinion very questionable, as to where the le
gal responsibility lies.
It may further be questioned whether the
payment made by Hinton, although agreeable
to custom, and not morally wrong, may not
in a legal point of view be an improper vouch
er, as I understand it was not properly authen
ticated by the Speaker. Why, like all other
receipts of the same class, wis it not trans-
ferred to the new Treasurer, as it should have
been, to be deducted from the two hundred
and twenty eight dollars certificate at the end
of the session? So that from the different
points involved in the controversy, 1 could
not vote for an absolute resolution to sue any
one and preclude a suitagainst the rest when
we would stand at least two chances to lose,
for one to gain it. And more particularly,
when the only evidence against the Treasur
er, is that of the very party alleged by the
Treasurer to have leceived the money whose
certificate proves the fact; and whose testimo
ny, was objected to as illegal by the minority
of the Finance Committee. The resolution
ought in my humble opinion, to have authori
zed the Attorney General to have examined all
the evidence in the case, and then to have in
stituted suit for the recovery ofthe money from
the person properly liable, whether it be
Wheeler. Hinton, or Page, and lhen there
w ould have been some prospect of a recovery,
which in my opinion the present resolution
precludes. I farther obiectto the passage
the passage ol
any resolution impeaching the integrity ofany
r ... i c ' i .i 7 c i . I
otheer er tne fttate, unless trie prooi oi gum is i uu&b u nu vuwu dgmnsi are
evident, or the presumption great, as the char-j Messrs. Biggs, Boyd, Cameron, Drake,
acter of our public officer, are the greatest Eaton, Edwards, Etheridge, Exum, Gavin,
jewels in our crown and the respect ability i Gwynn, Hester, Hill, Holmes, Jeffreys, Mel
of our State consists in the integrity of her vin, Pasteur,Reich, Speight, Stalling?, Stowe,
sons, and the virtue of her daughters.
R es pec tfu 1 1 y submit led .
SAMUEL FLEMING.
Dec
1 fl K 1 OA i
The House adjourned.
IN
S EN ATE.
Friday, Dec. 20.
The Senate met according to adjournment.
Mr. Woodfin presented a bill to provide for
holding a session of the Supreme Court once
a year in the western part ofthe State, which
was read and referred to the Judiciary Com
mittee. The bill toamend the Revised Statutes con
cerning Clerks and Registers was then taken
up, amended, and read the second time and
passed.
Mr. Waddell, from the Judiciary Commit
tee, to whom was referred the resolution di
recting an inquiry into the expediency of so
amending the law as to require a pro rata dis
tribution of the trust funds in all cases of
deeds of trust, reported a bill concerning deeds,
mortoracres, and assignments in trust, which
was read the first lime and passed.
The Senate then proceeded to the order of
the day, being the matter of the certificate of
the Senator from Onslow. Pending the ques
tion, Mr. Holmes moved n adjournment un
til half past three o'clock, which was carried.
The Senate met according to adjournment,
when the examination of witnesses was con
cluded, and the Senate was addressed by Mr.
McRae, one of the counsel for the Senator
from Onslow. After he had concluded, on
motion, the Senate adjourned till to-morrow
i mnrninrr ti n r r lock .
"lIOUSE OF COMMONS.
Mr. Hawkins presented a resolution for
Air. Hawkins nresented a resolution for the
ness,
The House proceeded to the order ot the
day, and took up the bill to locate the residence
j of the Judges ofthe Superior Courts ; and af-
ter some time spent therein,
On motion, the House took a recess till 3 : to what transpirea on caiuroay in regaru iu
o'clock, P M. j the point of order under which Mr. Henry was
The House met.at the appointed hour, and stopped whilst addressing the Senate. In that
resumed the consideration of the bill to locate j body on the same day, a resolution was pass
the residence of Judges. After considerable ed by a large majority, to send a message to
Hmko iH;niirnoH i tbft Commons Drooosincr to adjourn sine die on
' .
unit) auei i mcitiiii . . . Uu vuiu.ui
1N
SF! ATF.
Saturday. Dec. 21.
The Senate met according to adjournment.
j
Vfter the usual morning business had been . ernment ol tne lourtn instalment, oue uuuer , j
despatched, on motion of Mr. Waddell, the 1 the Deposit Act, was made the order ot the j 7 BiU to -establish the Independent Treas
Senate proceeded to the consideration of the : day for Monday next. 1 ury system, has passed the House ot Keprcsenta-
case of the Senator from Onslow. Mr. Hen- The bill to establish a uniform practice Uives by a great majority. There ui not much
rv, the senior counsel, then rose to address ! throughout the State, on suits upon Bonds, rcason to guppo8c It will get through the senate,
the Senate. He appealed to Senators to dis-
card from their bosoms all sectarian, personal,
-
or political prejudicesreminded them ot the!
frailty ot the human inienect-uiai prejudices
might exist in honest minds, and opeiate there
as
oii-tl,. or.,1 mspnsih v as the b ootl that
oiic'M J - . .
warmed tho heart or courseo mine veins
that ho, the counsel, was as frail and a, liable
or1 to err, as were Senators, who were to be the
Judsres in this important matter, and that he
would not, if he even had the power to do so,
under the rnlea of the Senate, lmneach th
motives of any Senator present. The Speak-
er caitea nun to order, and told him to confine
himself to the matter immediately before the
Senate; and ultimately, freedom of speech
having been virtually denied to Mr. Henry, he
retired Irorn the Senate. After this, the Sen
ate was addressed by Mr. Boyden, in opposi
tion to the defence set up for the Senator from
Onslow, and by way of argument in the case,
when, on motion, the Senate adjourned until
half past 3 o'clock.
The Senate met again at the appointed hour,
and was addressed by Mr. Francis, who ar
gued at length in support of the Report and
Resolutions submitted on a former day by the
majority of the committee. The following
are the Resolutions:
Resolved, That the certificate of the Senator
from Onslow, and by him introduced to the
Senate as genuine, the first day of the session,
is a forgery.
Resolved further, That inasmuch as no evi
dence has been offered before the committee
to implicate any other person in the transac
j
n 1
tion, tbat the Senator himself has either bee
guilty of the forgery, or procured it to be done, 1
or was at least aware that it was not genuine; J
and therefore, practiced a frand upon the Sen
ate and ought to be expelled.
Resolved, That for the reasons aforesaid, the
Senator from Onslow be, and is hereby expel
led from the Senate, and bis seat therein va
cated. The first resolution passed unanimously, !
when Mr. Francis moved to amend the second j
by striking cut all after the yyord "c?one," and
inserting the following : Or was aware, or at ! dered upon the Literary and Internal Improve
least had strong reasons to suspect that thelment Boards and also, the opinion of the At-
certihcate was not genuine, and by presenting
the same without explanation as his creden-
wdiis was guuiyoi gross and criminal negii-,
gence thereby imposing a forged certificate
and becoming instrumental in practising a
fraud upon the Senate, for which he might
justly be visited with its severest censure,
yet considering the evidence offered on the
part ofthe Senate that he has heretofore sus
tained a character of being harmless and inof
fensive, and is also a very ignorant man, and
hence was not likely to perceive fully the im
propriety of his conduct, the Senate believe
that the case does not absolutely require the
severest censure, but that milder punishment
may, under the circumstances, be properly
substituted for expulsion.
Therefore resolved That the Speaker do from
the chair reprimand the said Wm. Ennett, the
Senator from Onslow, for his misconduct, the
said Senator standing in his place to receive
such reprimand.
The above amendment was rejected ayes
23, noes 25, the Federalists in a body, ex
cept Mr. Moody, voting for it, and all the de
mocrats against it.
The second resolution then passed by the
following vote :
Those who voted for it are
Messis. Albright, Bogle, Boyden, Cowper,
Dockery, Elliott, Francis, Halsey, Hargrave,
Hellen, Jefferson, Joyner of Halifax, Joyner
of Pitt, Lindsay, McMillan, Moody, Pharr,
Shepard, Smith, Iayloe, Thompson of Ber-
tie, Waddell, Woodfin. and Worth 24.
ti ...u .-J :.
Thompson of Wake, Tomiinson, Walker, and
V iison 24.
The Speaker voted in the affirmative.
The last resolution w as passed by the same
vote, the Speaker still voting in the affirma
tive. Dr. Cameron immediately presented the
following Resolution, which was adopted :
Resolved, That a writ of election ne issued
by the Speaker of this House to the Sheriff
of Onslow county, directing him to hold an
election on Monday, the 30th inst., for a Sen
ator from that county to supply t' e vacancy
in this body occasioned by the expulsion of
Wm. Ennett, who was chosen to represent
that county in the General Assembly of this
Slate, now in session.
On motion, the Senate adjourned.
HOUSE OF COMMONS.
After the transaction of some unimportant
business, the House proceeded to the order of
the day, being the bill to locate the Judges.
Said bill, after several ineffectual attempts to
amend it,"passed its second reading.
Received from the Governor a message ur
ging upon the attention of the Assembly the
importance of collecting, within our own
State, material for the Colonial History ofN.
Carolina. The message was sent to the Sen
ate, proposing to print it.
Mr. Yv ashington, from the committee on
the subject, reported a resolution fqr inclosing
the Capitol Square, which was read the first
time and passed.
The House took a recess till 3 oclock.
The House met at the appointed time, when
the engrossed bill to amend an Act entitled
nAct to ehanne the location of the Court
House of Montgomery county, and for other
purposes, was read the second and third times,
passed, and ordered to be enrolled.
No other business of importance was trans
acted. The House adjourned.
I'N SEN VTE
Mniutnv nor 2?
, .
On motion of Mr. Biggs, the Journals were
so amended as lo embody the whole truth as ,
. .. z 1 o . i . 1 .
, , 0
the Gth ot January.
on motion ot .Mr. t rancis, the Kesoiution
.. . r, i rw
; requesting me pay men, ny u. - -
fi'il I n I VT . r-. ..inJ ill in
Bills ana rrouiisory iuvca,
'-cond timfnd rejected.
SC-
nuuor, wr -mvo.
"I "i"
, the severa anksot
ot a less umiuumrauuu
- ,, - t:II I T3 I..:
Hie following Bills and Resolutions passed
i.w - s ------:::yr-
their thtw reauing, nu wro, uiueieu , a
grossed;
To amend the 123d Chapter of the Act of
the Revised Statutes, concerning wrecks aud
wrecked property.
The engrossed resolution authorizing the
Governor to erect Grave Stones at the graves
of deceased Members of Assembly, passed its
t second and third reading, and was ordered to
be enrolled.
The bill providing for the appointment of
engrossing Clerks, was read the second and
third time, and ordered te be engrossed.
The bill to amend the Revised Statutes,
Chapter 102, entitled an Act to provide for the
collection and management of a Revenue for
this State, was read, and on motion of Mr.
Jones, indefinitely postponed.
The bill tn set apart a Homestead Freehold
to any citizen of tbi3 State, of the age of 21
years, was read the second time, and on mo
tion of Mr. Guthrie, postponed indefinitely by
a vate of 67 to 47.
IN SENATE.
Tuesday, Dec. 24.
Mr. Joyner from the Internal Improvement
committee, to whom was referred the memo
rial of the Board of Directors of the Peters-
burg Rail Road Company, reported a bill to i
exempt from indictment the Petersburg Rail
Road Company, for havino- obstructed the na-
vigation of the'Roanoke River, near the Town
of Weldon, by the erection of a bridge across
the said River.
Cn motion of Mr. Jeffreys,
Resolved, That the Public Treasurer be in
structed to report to the Senate the correspon
dence betw-een the Treasurer and His Excel-
lency, the Governor, relative to the leral riffht !
of the Governor to receive per diem cornpen-
sation as President ex officio for services ren-
j torney General, thereupon, together with the
iamonnt which His Excellency, the Governor,
nas received tor said service.
The bill to prevent frauds in levying Exe
cutions issued by a single magistrate upon
lands, and to encourage and facilitate the prac
tice of taking security for the forthcoming of
property seized under executions, was read
the third time. Mr. Exum moved to lay it on
the table until the 4th of March, lost by the
vote of the Speaker. The bill, on motion of
Mr. Albright, was then laid on the table.
A number of bills were read the third time
and ordered to be enrolled.
HOUSE OF COMMONS.
Mr. Poindexter, from the committee on the
Judiciary to whom was referred the engross
ed bill to amend an Act, passed 7th January,
1841, entitled an Act to secure the State a
gainst any and every liability incurred for the
Raleigh aud Gaston Rail Road Company,
and for the relief of the same, reported the
same without amendment; when on motion of
Mr. Cherry, it was made the order of the day
for Monday next.
On motion of Mr. Littlejohn,
Resolved, That it is the duty ofthe General
Assembly of this State, as soon as the condi
tion of the Public Treasury will allow, to
make appropriations for erecting suitable buil
dings for Asylums for the Deaf and Dumb,
the Blind and the Insane.
Resolved further, That his Excellency, the
Governor, be requested to give this House all
the information in his possession, as to the
probable cost of building suitable edifices for
these purposes, and also to communicate to
the General Assembly any other information
in his possession on this subject.
These Resolutions were adopted by a vote
of 81 to 27.
After the transaction of some unimportant
business.
The House proceeded to the orders of Iho
day, and took up for consideration, the bill to
authorize the foreclosure of the Raleigh
and
Gaston Rail Road Mortgage.
Mr. Cherry offered a Preamble to the bill,
which he explained to the House, and it was
then adopted.
Mr. Cherry further moved, that the whole
bill, after the enacting clause, be stricken out,
and a substitute, which was read, be inserted
in lieu thereof.
This amendment does not vary from the ori
nal, except in providing means for a more spee
dy foreclosure of the mortgage, and for incor
poratingwith the powers and privileges ofthe
present Company, such as might become the
purchasers of the Road ; and many minor al
terations in regard to the details.
Mr. Washington, from the Committee on
Internal Improvements, reported without a
mendment, the bill for a Canal from Cape
Fear to Lumber River.
Mr. Fleming moved to amend the bill by
adding the following section :
Be it further enacted, That forall debts con
tracted by said Company, the private property
of the several Stockholders shall be liable in
proportion to the amount of stock held by them
j on the first day of April preceding the crea
tion of such debt, and that any sale or trans
fer of stock, shall not exempt them from lia
bility.
Mr. Nixon, addressins the Chair I have
no objection to the proposed amendment, and
! very cheerfully accent it. W hereupon, the
j House adopted it by a vote of iib to 4Mes -
srs. Harriss, Keener, McLean, and Watters, ' Senate. Raise your committee, and I will de
voting against it. jfy any charge that your petty personal malice
The bill then passed its second reading. jmay suggest, or your bitter party venom may
The House resumed the consideration of the j engender.
hu to authorize the foreclosure ofthe Raleigh
!' -id Gaston Rail Road mortgagrp.
' ne Houseadjoumed over to Thursday mor-
10 o'clock.
IN SENATE.
Thursday. Dec. 2G. i tance than laws. i pon uirm in a Krea. mea
But little of interest transpired, the Senate (sure the laws depend. The law touches us
having been principally engaged in passing
bills of little importance, through their second
and third reading.
HOUSE OF COMMONS.
Nearly the whole sitting was occupied in
lorntinn nf lh Kill tn fnrttdope the
- i mortcracre on the Raleierh and Gaston Koad,
r- o o o. . ,
norwa
. "h . fi . aue(rtt0n was taken.
and if it does, it will mae very mue auerauon ui
I the present system. Mercury.
Thirty-six ship carpenters of New Bed
have resolved to build a ship on their
, lora Y
iowhu..., .wmv.vw.
, nrttcr !ate than never.
as the old maid said
, -
when she got a proposal of marriage
a
Prom the Raleigh Standard.
Col. Wbetkr and Gen. Dockery.
We have been handed far publication, and
present to-day, the correspondence which oc
curred recently between Col. Wheeler tod
Gen. Dockery , in relation to a certain article
which appeared in the Independent of til 23d
ultimo, which article it is understood, from
the reply of Gen. Dockery himself, was. writ
ten by the latter gentleman. We shall any
nothing about the commendations bestowed in
the aforesaid article upon Gen. Dockery, but
at once invite the attention of the reader to tb..
correspondences
Co. Wheeler to Gen. Dockery. ,
Treasury Department of N. C,
23d Nov., 1844.
Sir.- The Independent of this morning con
tains under the article of "Organization of the
Senate," the following; "The whiga had us-
sisted the shameful attempts of the locos to
make a Speaker whose special business (as
we are informed) would have been to answer
certain purposes in the appointment of com
mittees relative to the Treasury, on which sob'
ject more has been communicated to us, than
we at present think necessary to report."
The moment the article met my eye, I '
went
to the Editor of the Independent, who inform
ed me that he knew or had heard nothing person
ally or officially injurious to me; that the arti-.
cle in question had been furnished by you,
and that he was instructed to refer to you as.
authority .
I respectfully ask what reports are in circu
lation relative to the Treasury, which must
necessarily implicate me, are in your posses
jsion, that render it necessary to form a com
mittee, by which personally or officially I am
to be affected.
Yours, &c,
JOHN H. WHEELER.
Gen. Dockery.
Gfn. Dockery to Col. Wheeler.'
Senate Chamber, Nov. 23, 1844.
Sin Your note of this date has just been
handed to me by Dr. Cameron, in which you
refer to an article in this morning's Indepen
dent, headed "Organization of the Senate,'
&c, and in conclusion ask me what reports
are in circulation relative to the Treasury, that
render it neeessary to form a committee by
which you (I) are to be personally or official
ly affected. I answer, you know as well as I
do that the Committee of Finance, to be ap
pointed in part by the Speaker of this House,
will have to examine your official acts during
the last to years, which may possibly affect
you both privately and officially; and with re
gard to reports, I refer you to your election
eering certificate last summer, so well calcu
lated to lower the character of our State; which,
taken in connection with the circumstances of
your official bond, which produced so much
excitement two years ago, I conceive fully
justified all that is said in the article.
Yours, &c,
A DOCKERY.
Col. Wheeler.
CW. Wheeler's Reply.'
Raleigh, 24th Nov., 1844.
Sir.- Yours of yesterday was received last
night in which you state that the reports to
which the article in the Independent of that
day, written by yourself, refer to the certificate
last summer, which you allege was " elec
tioneering" and "so well calculated to lower
the character of the State." The certificate
was furnished by me upon a call of Louis D.
Henry, Kimbrough Jones, Perrin Busbee, D.
K. M'Rae and others, a committee appointed
bv the Democratic Association of Wake coun-
j ty and would have been furnished to yourself
j or any other person on application. I have
tor the first time to learn that the public records
are not open to the public examination and
inquiry. If this lowered the character of the
State, as you remark, by faithfully stating the
amount of the liability of the State for thn
Rail Roads, and the amount paid, what will
be the effect of the Report officially made by
the Comptroller to the Legislature, and laid
on your table on yesterday, which verifies all I
stated to the letter 1
The circumstances alluded to by you, con
nected with my official bond two years ago,
are not, I presume, to be a subject matter of
investigation by you. If they are, I assure
you both my friends and myself are ready.
As to the "Committee of Finance" to be
appointed by the Speaker of your House, and
that they will have to examine my official acts
for the last two years, which, as you generously
suggest, may possibly affect me "both private
ly and officially," I say whenever it shall be
the pleasure ol your Honorable body to ap
point a committee, it will afford me much sat
isfaction to make a fair exhibit of all my acts
as Poblic Treasurer, which I hope will satis
fy them and all my generous and just oppo
nents. But as for you, sir, if you think that there
has been any impropriety in my official con
duct, I invite you to a particular and special
investigation. Nav, in your duty as a Sena
tor, if you suspect wrong, instead of newspa-
I per anonymous communications, you are at
i liberty to state mat iact in your piace m mu
1 have the honor to be, &c.
JNO. ti. WHEELER.
Gen. A. Dockebv, Senate.
I Manners, says x)urnc, are oi luwfiinp
OUt heTP aim mcic nun auu high. miiuvii.
are wha
t vex or soothe, corrupt or purity, ex-
alt or debase, barbarize or refine us, by a con
stan, steady, uniform, insensible operation,
like that of the air we breathe in. They givn
their whole form and color to our lives. Ac-'
cording to their quality, they aid morals, they
supply them, or ther totally destroy them.
Detraction. Every man ought to aim at
eminence, not by palling others down, but by
raising himsen ; ana iuj tv
his own superiority, whether imaginary or re
al, without interrupting others m the ame te-
Ucity. Johnson.
Feed the earth, and IWM
liberally towards her, and she J?"
reward you. It is in win, a the W"
land llfelPMtiSK
j give ber litt e. F
she will yiem um !.
1
i

xml | txt