Wilmington journal. [volume], January 19, 1849, Image 2

About Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895

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gst number of the report. He, however
, was I b;
nol tuny satisfied that the project suggested
by him at the close of the last session, and
now embodied in thin bill with some modifica
tions by the Senator from Illinois, was obnox
ious to all the objections which had been so
ingeniously urged against it in the report. He
was for doing something at the present ses
sion, to save California from the evils appre
hended from the present state of things in that
far distant territory.
? Mr F. said he should have been disposed to
bring forward some measure himself, had it
nol been for the apathy manifested here to the
subject. He thought there was serious dan
ger that we should lose California, if some
thing was not done at the present session, and
did not yet despair of doing something. In
regard to a dissolution of the Union, about
vhich fears had been expressed, that, he con
ceived, depended upon the course pursued by
t ' i . .. .. .1
man iuiiaucs wno were aguaung me country
All the points had been discussed and set-
tied at a meeting anterior to the adoption of
the Report.
In regard to the Senator from Illinois, no
disposition existed to exclude that Senator
from the deliberations of the committee, and
the only reason why he had not appeared be
fore them was that the Senator himself had
expressed an unwillingness to do so.
,Mr Berrien said the position in which he
stood might seem to require that he should
say something, after the remarks which had
been made here to-day. His position on the
committee had not been sought by him, and
he had simply endeavored to perform his duty
in the committee.
To the statement of the Senator from Loui
siana, that he had never seen the report until
this morning, and was therefore unprepared to
present a counter report, he must say that all
the propositions of the report had been discus
sed at a previous meeting of the committee,
and all had there received the deliberate vote
, of each member.
The committee, in the report, have merely
. asserted that Congress has never exercised the
authority to declare any unorganized territory,
without a government, to be a State of this
Union. In the case of Kentucky, the Legis
lature of Virginia had expressly provided for
the case, and from that act of seperation in
1790, up to 1792, when Congress legislated
for her admission into the Union, there had
been an actual government in Kentucky. So
also in regard to Vermont and Tennessee, ac
, tual territorial goven.ments existed at the time
of their admission. In the case of the latter
that territorial government was in existence
. from 1790 to 1796, when she formed a con
stitution and applied for admission into the U.
States.
He bad, in concurring in the report, been
firmly impressed with the opinion that Con
gress does not possess the power to admit
California in the manner proposed. His views
he should state at length at a proper time.
Mr Douglass insisted that he was not wrong
in the statement which he had made, the facts
' which he had produced as precedents, on the
constitutional power of Congress. And when
3 the time came, to which the Senator from
Georgia had referred, he should make it so
clearly appear. He proceeded to repeat and
explain the several acts in reference to the ad
mission of Kentucky, Tennessee, Vermont,
&c, to prove that he had been correct in his
statement of facts, reserving the remainder of
the argument for the "proper season.''
Mr Westcott argued against the power to
admit California and New Mexico as a State
so long as they were in a state of disorganiza
tion, though he admitted that the presentation
of a written constitution in the first instance
was necessary to such admission The con
dition of California and New Mexico was,
' however, very different from the state of things
which existed in Vermont, Kentucky and Ten
nessee, when those States were admitted into
the Union.
Mr. Dayton had been very much surprised
at the course which this debate had taken.
As a member of the committee, his position
was somewhat peculiar, for he had concurred
in the main propositions firstly, that Con
gress had not the constitutional power now to
admit California as a State; and, secondly,
that it is expedient now to embrace within the
territorial limits of New Mexico territory ly
ing east of the boundary of the State of Tex
as. The statement of the opinion of the Su
preme Court, in the Rhode Island case, as it
appears in several of the public journals, is
inaccurate in some important particulars. The
court did not decide that Dorr did or did not
improperly set up the new constitution, nor
that he could not rightfully support it, but
held that they had no power or jurisdiction,
as judges, to decide these questions thattbey
were political questions, which must be set
tled by political tribunals, and, when so set
tled, it was the duty of the court to take the
decision of these tribunals for their guide
and that, in this case, the political authorities
of the State having decided in favor of the
old charter, the court must sustain it.
Upon one point Judge Woodbury descant
ed. He was of opinion that in such a civil
strife, among its citizens, as was proved to
have existed in this case, the State possessed
no constitutional power to declare martial law.
He held that the General Government alone is,
by the constitution, empowered to declare war,
and to resort to war measures, to suppress in
surrection, and put down domestic violence
that a Mate should first use its civil power to
suppress them, and if this be insufficient, next
call out its militia to aid its municipal officers
and if these shou'd fail, then call on the
General Government for further aid that it
would be dangerous, for many reasons, to al
low a State to resort to war measures, under
the circumstances which existed in Rhode Is
land. This point is so important to the people of
this country, that, it seems to me, the. written
opinions of the Judges should be given to tbe
mblk, in the first instance, through some more
arniliar channel than the usual reports of the
Supreme Court.
Wednesday, Jan. 10.
SENATE.
After the presentation of memorials and pe
'titions, Mr Fitzpafrick reported a resolution
from the committee on , for purchasing,
for the use of the Senate, 5,000 copies of Col
'ton's map of California, &c, shewing the sev
'eral routes, distances, &c, from the United
States.
- Mr Bell's resolution, calling for information
in regard to tbe amount due the Cherokees un
der the treaty of 1846, was agreed to.
' Mr Underwood's resolution to refer the pe
tition of Daniel P. Bettinger to the judiciary
committee with instructions to inquire and re
port whether Congress possesses the constitu
tional power to make appropriations for the
colonization of free people of color, was taken
up.
Hera a debate ensued, which consumed the
Ttrinr.inal nortion of the day's session. The
discussion was finally put an end to by a mo
lion m nostnone the whole subject. On this
notion tbe yeas and nays were ordered, and
resulted aves 27, nays 23.
Mr Jefferson Davis introduced a joint reso
lution, which was twice read ana referred to
the committee on pensions, providing for the.
extension of the bounty land and extra pay
provisions of the act of last session to substi
tutes as wen as original enlistments.
'Executive session. Adjourned.
HOUSE OF REPRESENTATIVES.
Mr Newall asked a suspension of the rules,
,to enable him to introduce a resolution for the
purchase of 15,000 copies of Cotton's map,
and routes to California, &c , but objection
was made, ana tne resolution was not receiv
ed. '
f.'Mr Wentworfh called -for the orders, and
Mr Brodhead moved a call of the House. Mr
Brodhead's motion prevailed.
Thsv roll was ceiled, and then, after r everal
ether motions had bee a disposed clVtbe con
by which Mr Gott's resolution had been adop
ted, some tune since, was resumed, the re
solution, it will be recollected, instructs the
committee on the District of Columbia to bring
in a bill prohibiting the slave trade therein.
Mr McLane, of Baltimore, made a very able
speech in favor of the reconsideration, and on
the general questions involved, he argued that
Congress could do nothing on the subject of
slavery outside of the expressed forms of the
constitution.
lie proclaimed the law of Maryland, as now
existing, to prohibit the importation of slaves
into that State for sale. " The law was subse
quently read, at the clerk's desk, to this effect.
Mr McLane also denounced the azitation of
tbe abolitionists to accomplish that which had
already been accomplished by the laws of
Maryland. , ..,. ... .., .
Mr Smith, of Indiana, defended the power
of Congress to act positively on slavery with
in the District. But he was opposed to the
(introduction of preambles into resolutions,
calculated to inflame tbe public mind, or the
allowing free negroes in the District to vote
on questions like that involved. Whenever
slavery should be abolished in the District, he
was in favor of paying the slaveholders there
in the value of their slaves from the public
treasury. His speech also was very able, and
in tone very moderate, though he declarer
himself decidedly in favor of the doctrines of
tree soil ism.
The motion to reconsider was then, by yeas
and nays, decided in the affirmative, 110 to 81.
Mr Smith, of Indiana, then moved to amend
the lesolution thus recommended, by striking
out the preamble and all after the word Ksol
ved, and inserting instruction to the commit
tee to mquire and report what legislation is
necessary to prevent the introduction ol slaves
from any of the States into the District of Co
lumbia, for sale here or elsewhere, and that
thev report bv bill or otherwise
Mr Botts moved to lay the whole subject on
the table ; and on this the yeas and nays were
ordered, a-d it was decided in the negative
94 to 110.
Mr Meade moved an amendment to the a-
mendment of Mr Smith, providing for the re
covery of fugitive slaves, but it was ruled out
of order.
' Mr Smith moved to modify his subsfitu!
for the original resolution, so as to instruct
the commitiee to bring in a bill, but before
any action was had on this motion, or on the
substitute.
On motion, the House adjourned.
Thursday, Jan. 11.
SENATE.
The Vice President laid before the Senate a
communication from the State Department.
Memorials and petitions were presented by
Messrs Bradbury, Borland, Dayton, Breese,
Nile, and Johnson, of La. That by Mr Day
ton was for the passage of a special act, ne
cessary to enable him to take out a patent for
a manufactured article, which he considers the
genuine Russia sheet iron, the secret of man
ufacturing which he professes to have discov
ered after numerous explorations and experi
ments. Mr Breese, from the committee on Public
Lands, reported a bill to amend tbe act rela
ting to the location of Military Land War
rants. Mr Jefferson Davis, from the military com
mittee, reported a bill, to extend to the ordi
nance corps the provisions of the act in refer
ence to the double rations, now applicable to
other corps ol the army.
Mr Benton's resolution, yesterday present
ed, directing the Secretary of the Senate to
contract with a suitable person to compile an
index of the statutes of the U. S., was adop
ted. The Senate then proceeded to the consider
ation of bills on the private calendar, as pro
vided by Mr Bradbury's resolution, and sub
sequently adjourned.
HOUSE OF REPRESENTATIVES.
The resolution to print an extra number of
the report of the Secretary of War, in refer
ence to surveys of Buflalo harbor, coming up
m order,
Mr Hall, of N. York, addressed the House
in favor of the resolution, and a debate ensu- j
ed, involving, incidentally, the relative ad
vantages of the present and former printing
arrangements for Congress, in which Messrs
Hall, Thompson, of Kentucky, Conger, Hen
ley, Schenck and others participated.
Without taking any vote, on the resolution,
On motion of Mr Vinton, the House went
into committee of the whole on the state of
the Union, Mr Smith, of Indiana, in the chair,
and resumed the consideration of the general
appropriation bill, the question being on the
amendment proposed by Mr Embree to the
item providing tor the mileage ot members,
which amendment was to require that the
mileage shall be computed by the nearest post
route.
Here a discussion took place, in which
members charged with receiving too much
mileage, took occasion to defend themselves
from the imputation of improper conduct. We
wish that our space would permit us to give a
nL-pfrh of the debate. It is really rich. We
must, however, make a short extract:
Mr McKay here intennpted Mr Greely as
members had been challenged to point out er
rorsand was proceeding to read from the
article in the Tribune, when Mr G. declined
vieldin the floor asain, and the chairman de
cided that Mr McKay could only make his
evnlanation with Mr G.'s consent, who was
entitled to the floor. Mr G , however, final
ly yielded. Mr McKay, after reading, said
that the gentleman was not mistaken as to his
post office, but he had neglected to state that
be resided some miles beyond, anu nau no ai
owance therefor.
Mr Greely said it was impossible to avoid
errors ot this Kinu. mow coma ne nave
known that the gentleman resided beyond ?
Mr Schenck (Mr Greely again yielding the
floor) said that he understood the gentleman
to disclaim any charge of fraud, or disrespect
to members, but merely to state that he desired
a change of the law.
He then re-d from the article in the Irilmne,
the italicised word " honorable," several times
applied to members therein, and inquired whe
tner tne expression was mxenaeu o oe ro7
cal? and if so, how it could be consistent with
his declarations on this floor ?
Mr Greely did not mean it as a sneer at any
but such members who might be liable to the
imputation applied. All were pronounced to
be honorable, because they acted within the
letter of he law.
Mr Schenck. Did tbe gentleman then mean
to be understood as saying that every thing
was honorable which was lawful?
Mr Greely. Not exactly that. He did not
think it would be quite honorable for the gen
tleman, when it appeared by his nearest post
route, his distance was 500 by a good travel
led road, it would be quite light to charge
round by the way of Boston.
Mr Schenck Does the gentleman mean to
say that it is dishonorable in a member to re
ceive the mileage which the law may award
him ?
Mr Greely thought it might not be quite
just.
Without concluding, the committee rose.
and on motion of Mr Vinton, a resolution was
adopted to close the debate in one hour after
again going into convention. Adjourned.
Friday, Jan. 12.
SENATE.
The Vice President laid before the Senate
tbe credentials of Hon. James Cooper, elected
by the Legislature ot Pennsylvania a Senator
in Congress for six years from the 4th of
March next, wheri th? term of Hon. Simon
Cameron will expire.
On motion of Mr Breese, the Senate took up
the bill, an addition to the act of August, 1846,
in reference to the location of bounty lands,
extending certain privileges of that act to the
assignees of military land warrants. . , "t
Atter debate, the bill was passed over in
formally. " 5?-
dure the rates of postage, was made the spe
cial order for Monday next. t-..
Mr Atherton. chairman of the committee on
finance, reported back the bill from tbe House
to supply deficiencies in the appropriations for
the. fiscal year.' ending 30tn June, 184, wnn
an amendment, which was'agreed to.
Mr Atherton proposed a further amendment.
appropriating $6,400 for the purchase of the
astronomical instruments necessary to com
plete the observations in the Southern Hemis
phere, authorised by the act of Aug. 3d, 1848.
A long debate ensued on this proposea a-
mendment, which met with strong opposition
from Mr. Clayton and others.
The Question on the amendment was finally
taken by yens and nays, and the appropriation
was ordered, 36 to 10.
The bill,-as amended, was then read the 3d
time and parsed.
On motion of Mr. Breese, the bill tor ascer
taining claims and , titles of land within the
territories of California and New Mexico, to
grant donation rights, and to provide for the
survey of the land therein, was taicen up, anu
Mr Breese made a few remarks, explanatory.
Mr Benton addressed the Senate in opposi
tion to the mode of procedure proposed by this
bill, and gave h"i3 views at length as to the
best course to be pursued. He proposed, in
conclusion, to bring in a substitute for the
bill, providing for the carrying all questions in
reeard to California land titles to the Judicia
ry at once, to have them definitely settled.
When that bill was introduced, he should give
an exposition of his views on the whole sub
ject. He then submitted his counter proposi
tion, which was read, ordered to be pointed,
and the whole subject then postponed until
one o'clock to-morrow.
On motion of Mr Johnson, of Louisiana,
the Senate then took up the bill to continue
th office of Commissioner of Pensions (which
will soon expire by the Constitution,) and it
was read the third time and passed.
Several private bills were taken up, and one
or two of them passed.
Executive session. Adjourned.
. HOUSE OF REPRESENTATIVES.
...Mr Hilliard, of Alabama, gave notice of his
intention to introduce a bill to authorize the
people of that portion of the United States
which was acquired by the treaty of peace,
friendship, limits and settlement of the Re-
public of Mexico, concluded February zti,
1848, known as California, to form a consti
tution and State government, and for the ad-
. m i ' i. . . . l T
mission ot Fucn estate into me union on an
equal footing with the original States : and
a bill respecting the limits of the State of Tex
as, and that portion of the territory of the U.
States which was acquired by the bite treaty
with Mexico known as New Mexico.
Mr Belcher, from the commitiee on mileage,
to whom was referred the subject matter of
the article in the New Yoik Tribune, in re
gard to the mileage of members, made a re
port, substantially, that no member of the
House had drawn more mileage than he was
legally entitled to that one member had real
ly curtailed the amount to which he was
legally entitled, and had thus drawn less and
that the article in the Tribune was deserving
of no further notice and concluding with ask
ing that the committee be discharged from the
further consideration of the subject. Liid on
the table and ordered to be printed.
The House then resumed the consideration
of Mr Sawyer's motion to reconsider the vote
by which the bill for the relief of the legal
representatives of Antonio Pacheco was reject
ed. After debate and pending the motion to re
consider Mr Fries, from the select committee
appointed to investigate the official conduct of
Mr Medill, Commissioner of Indian Affairs,
reported the following: lesolution:
Rf solved. That th sergeant-fit-arms be re
quired to take David Taylor into custody, and
confine him, unless he agress to answer all
proper questions which the select committee,
before whom he has been testifying, ehall ask
him.
And after debate, Mr. J. R. Tngersoll moved
that the resolution be postponed until to-mor
row. I'lsagreeii to.
Mr Cobb. of. Gcorcia. moved to amend, fcy
striking" out all after the word resolved, and
nserting, that whereas David laylor had pe
remptorily refused to answer any further ques
tions before tbe Select Committee, that the
Speaker issue his warrant to the Sergeant-alarms
to take the said Taylor into his custody
that he may be brought to the bar of the House
to answer for an alleged contempt of the House,
and that he be allowed counsel on that occa
sion if he should desire it.
On motion of Mr Fries, the whole subject
was postponed until to morrow. Adjourned.
Saturday, Jan. 13, 1849.
The Senate was not in session to-day.
HOUSE OF REPRESENTATIVES.
Mr GoB-irin made an ineffectual effort
to
bring up the Post Office bill.
The bill granting a sum ot money to tne
representatives ot Antonio t'acheco, lor tne
loss of a slave in the Honda war, was men
taken up.
Mr Holmes of South Carolina propounded
several questions to Mr Palfrey, but before
they were answered, Mr. Collamer took the
floor and addressed the House at some length.
Monday, Jan. 15.
SENATE.
Mr Downs, from the Judiciary Committee,
submitted his minority report, in opposition to
the views of the majority, on Mr Douglass'
bill for the admission of California and New
Mexico as one State into the Union. He
moved that the report with the amendments
which he proposed, should be printed for the
use of the Senate.
A debate ensued on printing the report, at
the conclusion of which, the Senate ordered
the report to be printed.
Mr Hunter renewed the motion, made the
other day, to print 10,000 additional copies of
the report of the majority ot the committee on
the same subject, and the printing ot the ex
Ira number was oidered.
On motion of Mr. Benton, the considera
tion of the bill for ascertaining the claims and
titles of land within the territories of Cahfor
nia and New Mexico, to grant donation rights,
and to provide for the survey of the lands
therein, was resumed ; and Mr. Benton's coun
ter project was read. It proposes to recom
mit the bill with instructions to inquire into
the expediency of taking steps to ascertain the
quantity of unappropriated lands in California
alone, the extent of the gold mines, the pro
priety of granting pre-emption rights, the best
mode of disposing of or working the gold
mines, the propriety of granting permits, &c.
HOUSE OF REPRESENTATIVES.
Th report of the commitiee on election, de
claring that Henry H. Sibley, is entitled to a
seat on tbe floor of the House of Representa
tives, as a delegate from the territory of Wis
consin, was the first business in order, and the
questien being taken by yeas and nays, the
report of the committee was adopted, 124 to
63. Mr. Sibley then took the customary oath
and his seat in the House. He represents
what is commonly known as the Territory of
Minesota, embracing Minesota and that part
of the territory of Wisconsin not included
within the boundaries of the new State of Wis
consin.! 1
' On motion of Mr Vinton; the committee of
the whole on the state of the Union was dis
charged from the further consideration of the
resolutions referring the several portions of the
President's annual message to appropriate
committees, and the resolutions were then a
greed to by a large majority. So the message
has been referred.
After the transaction of some other unim
portant, business,; the House adjourned.
- HO ! FOR CALIFORNIA !
Just Receivtid and in store, 15 bbls super recti
Bed Whiskey ; 5 bbls old Rye Whiskey ; Port
Madeira, Malaga, and Mamsley Wines ; Cogntac
Brsndy - PEKKIN c HAKT5FIELD.
Tuesday, Jan. 9.
. SENATE."
The Senate proceeded to the unfinished bu
siness, and the supplementary bill to divide
the County of Stokes, passed, its 3d reading ,i,
The Engrossed bills to improve the Cape
Fear and Deep Rivers above Fayelteville ; to
incorporate the Union Guards; to amend the
Rev. Stat, entitled forcible entry and detainer;
to incorporate the N. C. Blues, in Wake; to
amend the acts to Jay ..off, and establish the
County of McDowell, passed their third read
ing On motion of Mr Smith, the Senate took up
and considered the bill to amend the Rev. Stat,
entitled Guardians and Wards, the question
being on the substitute reported by the Judi
ciary Committee, which was adopted, and the
bill passed its second reading.
The engrossed bill to incorporate Union
Manufacturing Company, in Fayetteville.
Passed its 3d reading.
Mr Shepard moved a re-consideration of the
Pilot bill. Carried.
After an explanation by Mr Washington,
Mr Smaw advocated the indefinite postpone
ment of the bill, and was replied to by Mr.
Washington. After some further debate, the
bill passed its second reading Ayes 23, Noes
20.
Tha bills to incorporate the Grand Lodge,
I. O. O. K of North Carolina; the engrossed
Resolution in favor of the Clerk of theCunty
Court of New Hanover; the Resolution to ex
tend the limits of Lincolnton, pased their se
cond reading.
Tbe Senate then proceeded to vote for Su
perior Court Judge. Hon. William H. Battle
was duly elected by , the Joint vote; having
received 123 out of 156 votes cast scatter
ing 33. , ...
Mr Rogers offered a Resolution, proposing
to send a Resolution lo the House, fixing the
day of adjournment on the 20ih inst. Adopt
ed.
Mr. Worth introduced the following Pre
amble and Resolution :
Whereas, there are many and important
measures tor Internal Improvement in the
State, now before the General Assembly :
And whereas, inasmuch a? the aid of the
Stale will be required for their successful pro
secution, it is deemed right and proper, before
they are entered upon, to direct the public
mind to the subject, and ascertain the public
will : 1 herelore, be it
Resolved, That the Governor of this State,
be and he hereby is requested to convene the
General Assembly, in special Session, some
time in the Fall of the present year.
The order of the day, being the bill con
cerning the Wilmington and Raleigh Railroad
Company, was then taken up.
The discussion on this bill had proceeded to
considerable length, when the Senate took a
recess.
EVENING SESSION.
The Senate met at half-past six, but with
out transacting an' business, adjourned to at
tend the Lecture of Mr. Vatternare, on a sys
tem of International Exchanger.
HOUSE OF COMMONS.
Presentation of Bills, Ac By Mr Dobbin,
a bill concerning Widows referred to Com
mittee on Judiciary. By Mr Mebane, a reso
lution to instruct the Judiciary Committee to
enquire into the propriety of repealing an Act
to prevent the imprisonment of honest debtors
adopted. By Mr Dobbin, a resolution for
the relief of S W. Tillinghast and others
referred to committee on Private b.lls. By
Mr Martin, a resolution in favor of Young
Patterson referred to commitiee on Private
bills. By Mr Williamson, a bill to incorpo
rate the Columbus Guards. By Mr Dobbin, a
bill to incorporate Concord Division No. 1,
Sons of Temperance. By Mr White, a bill lo
amend a certain Section of the Revised Sta
tutes, concerning prison bounds referred to
Judiciary Committee. By Mr Brogden, a bill
supplemental to an act repealing the County
of rollc. By Mr Walser, a resolution fixing
tbe time of adjournment sine die. on the 22d
January laid on the table. By Mr Nicholls,
resolution to receive no bills of a private
character, Horn and atter Saturday next a
dopted. t . 0 -mm -
Mr Mcintosh, from the Select Committee to
whom was referred the bill to lay off and es
tablish a new county by the name of Wil
liams, reported the same back to the House,
with amendment, and recommended its pas
sage.
The hour having arrived for the election of
Superior Court Judge, the House proceeded
to vote.
A message was received from the Senate
transmitting the engrossed bill to locate the
Judges of the Superior Court passed its first
reading.
The order of the da', the bill providing for
amendments to the constitution, was next ta
ken up.
Mr Hicks offered an amendment, that in the
arrangement of the Senatorial District, the
white population should only be considered.
Mr Keene moved the indefinite postpone
ment of the bill, and addressed the House in
opposition to it, denouncing it as a question
trausht with the direst evils.
The debate was further continued by
Messrs. Hicks, Barringer, and Keene ; and
the motion of indefinite postponement was
negatived by a large majority.
EVENING SESSION.
Mr Caldwell, of Buike, introduced a reso
lution in relation to the Contested election from
Surry, giving the sitting member until the 22d
to take depositions. , y
After the rejection of an amendment offered
to adjourn on the 18lh, the resolution prevail
ed. The bill to incorporate the Martin and Ber
tie Turnpike Company, was read 3d time and
passed. ,
On motion of Mr Hicks, the House ad
journed. ,
' Wednesday, Jan
10.
SENATE.
Mr Drake, from the Committee on Finance,
reported a bill to amend the Rev. Stat, rela
ting to Roads.;
Mr Wood nn, from the Judiciary Committee,
reported the bill to incorporate the town of
Goldsboro'; also, a bill supplementary to the
act establishing a State Hospital for the In
sane ; also, a bill to amend the 65th chapter
of Revised Statutes ; also, the bill making
more suitable provision for femmes covert, with
an amendment. These reports lie over.
The Senate proceeded to the unfinished bu
siness, Deing tne Wilmington anu Kaleign
Railroad bill, the pending question being on
Mr Worth's mction to postpone the bill indefi
nitely. Mr Joyner took the floor in opposition to
this motion, and went into the merits of the
bill, sustaining and enforcing reasons for its
passage. He was followed by Mr Worth in
opposition to the bill. Mr Thompson replied,
in favor of the bill.
Mr Ashe then took the floor in support of
the bill, and was followed by Messrs Worth,
and Thomas, of Davidson ; after which Mr
Worth withdrew , his motion for indefinite
postponement. .
Mr Joyner offered an amendment to the bill,
in the 12th section, to strike out " Wilming
ton and Raleigh Railroad Company," and in
sert State of North Carolina," so as to pro
vide that the benefit of the subscription in the
Manchester Railroad shall accrue to the State,
which was adopted.
Mr Worth moved to strike out all after the
10th sectioh, except the last, so as to give no
authority for raising additional money to lay
the road with heavy iron. ; , , ;
, Mr Gilmer then made a forcible and elo
quent speech in favor of the bill.
When he had concluded, the Senate resol
ved itself into a Committee of the Whole, Mr
Halsey m the Chair, and
".W-Ujl..lWWJ.J .llf,J.I EIPIII I H nlii . In I I
Senate in favor of Internal Improvements gen
citxny, iiu aiso Ol mis Dili
vu uiuuvii ui wir joyner. me . Committee!
fv. e , I .
then rose and reported tbe bill to the Sonaf-
Mr wortlnnthdrew his motion to amend.
Mr Smith moved an amendment th oflTrt
of which would be, that no part otthe State's!
Mock in this Koad shall be sold, anftthat the'
mortgage authorized to be made by thv Kill
and which has priorily over the State's, stHjj
not be foreclosed, without the consent of the
State.
The bill was farther debated by Messrs
Smith, Joyner, and Lillington.
When the latter concluded, the Senate look
a recess.
EVENING SESSION.
Mr Ashe introduced a bill respecting Justi
ces of the Peace in New Hanover. Passed its
first reading.
A number of engrossed bills and resolutions
passed their second and third reading.
The rest of the sitting was spent in acting
upon resignations of Justices of the Peace.
HOUSE OF COMMONS.
Mr Courts, from the committee on Proposi
tions and Grievances, to which was referred
the petition of N. N. Nixon, prayiug the eman
cipation of his slave Sam, recommended that
the prayer of the petitioner be not granted.
Concurred in.
Mr R.iyner, from, the select committee to
whom was referred tbe Governor's communi
cation in relation to the system of Alex. Vat
teinarc, submitted a long and able report, ap
proving of his plan of exchanges resolutions
to furnish him with copies of certain works
and a bill to keep up this system.
On motion of Mr Dobbin, the resolutions
and bill were laid on the table, and ordered to
be printed.
Mr Keene moved to take up and consider
the bill to incorporate the Charlotte and Dan
ville Railroad. Beforthis question was taken,
the Speaker announced the arrival of the hour
for taking up the order of the day, the bill
providing for the amendment of the Constitu
tion. MrRaynerwas entitled to the floor,
but gave way for Mr Satterthwaite, who mo
ved that the House resolve itself into commit
tee of the whole. Carried.
Mr Rayner then moved to strike out all of
the original bill, after tbe preamble, and in
sert the substitute offered by him ; and on this
question, addressed the House briefly.
JHr Caldwell, of Burke, offered the follow
ing amendments:
1st. Amend the preamble by inserting after
the word " !late " in the 7th ne. the fo ow
ing, to wit: and give to tbe minority of the
people, a majority of the 1'cprescnfattvcs
Zil. Insert in the 14th line of section 13th,
after tbe word "Assembly," the following, to
wit: and shall so provide that the members of
ttie senate and House of Commons fhall here
after be appointed amoiisr tbe several Counties
of this State.
according
to the while popula-
tion.
On these amendments, Mr Caldwell address
ed tbe House. After which, there was a dis
cussion, on the bill, between Messrs Steven
son and Rayner.
Mr Leach, of Davidson, arose to speak,
when Mr. Stanly begged him logive way, and
moved that the committee rise, report progress,
and beg 'eave to sit again Carried.
Mr Mebane then reported that the commit
tee had bad under consideration tbe bill pro
viding for amendment of the Constitution, but
had come to no definite conclusion, and beg
ged leave to sit again. Concurred in.
A message was received from the Senate,
proposing to adjourn sine die oa the 20lh.
Laid on the table.
The House then took recess.
EVENING SESSION.
The whole evening Session was occupied
in the appointment of Jcstices of the Peace.
Thursday, Jan. 11.
SENATE.
Mr Spicer introduced a bill to repeal so
much of the 3d Sec. of an act of 1846-7, as
relates to the County Courts of Onslow.
A number of bills and resolutions passed
their first reading.
Mr Thomas, of Davidson, introduced a me
morial of sundry citizens of Lexington, and
its vicinity, praying that the advantages of
Lexingtion be considered favorably as a suit
able place to locate the Lunatic Asylum.
Laid upon the table.
Tbe Senate resumed the consideration of
the unfinished business, being the Wilmii.g
ton & Raleigh Railroad bill, the question be
inc on the motion of Mr Smith to amend by
striking out part of the 12th section the ef
fect of which would be to cut off the transfer
of Slock, &c.
Mr Woodfin took the floor against the a
mendment and in favor of the bill.
Mr Exum defined his position. He had al
ways gone against expenditures by the State,
and also against binding the State as security
for works and improvements. His votes were
recorded, and when the question was taken it
would be seen how he would vote. But this
is no new project the work had been begun
unwise as it was .he investment of the
State was now worth nothing and he believ
ed it was right that we should pass this bill in
order to enable the State ro realize a revenue.
He should vote for the measure but if any
new project came up, he might probably act
differently.
Mr Worth was very glad to perceive that
we were daily making converts to the cause.
He had strong hopes for the complete salva
tion of the gentleman from Wayne. His (Mr
Worth's) object was, not to refuse this meas
ure, but to hold it in suspense, until we can
get the great work of Internal Improvement
now projected, passed by this body. Mr W.
then read from a former report of the Wil
mington Company, showing their calculations
when they formerly applied for the aid of the
Legislature and argued to show how Mr Ex
urn would be inconsistent, if he voted for this
bill. Gentlemen who voted for lifting the
mortgage, are indirectly approptiating $250,
000 for that road ; but tney are unwilling to
go for the great Central project, which is to
benefit the whole State. He was willing lo
take them all up and. pass them, but not to
give this the preference.
Mr Exum replied to Mr Worth, and was
followed by Mr Miller. He goes heart and
hand for the improvement of the State, in all
measures calculated to advance her honor and
interests.
Mr Ashe followed, in an examination of
the transactions, situation and prospects of
this Railroad Company, and in favor of the
bill.
The question was then taken on Mr Smith's
amendment, which, by yeas 20, nays 27, was
rejected.
Mr Thompson, of Bertie, offered an amend
ment, requiring indemnifying bonds from the
Stockholders of said Company.
This amendment was considered as fatal to
the bill. Tht question was decided in thene
gative.
Mr Smith moved a proviso, that none of
the mortgages shall be foreclosed without the
consent of the Legislature, hereafter to be
given. .."-'ijSWC-'4-?
Mr. Woodfin moved to amend the amend
ment, providing that foreclosure or sale under
either of the mortgages, shall not take p!ce
witnm two years from filing a bill for said
purpose, and until notice has' been given to
tne Legislature. Carriea. -:
The amendment was then adopted.
The bill then passed its second reading, as
amended, Yeas 32, mys 16.
Mr Lillington remarked, as he did not con
sider this a test vote, he voted aye.
The Senate then proceeded to tbe special or
der of the day, viz : the bill to incorporate the
North Carolina Railroad Company, tbe ques
tion being on its passage at the second reading.
Those who voted in the affirmative are Mes
srs: Albrnrnt, Ashe: Bell. Daniel. Davidson
J Gihner, Hargrove, Hawkins, Joyner, KendaH,
Mr Graves (the Sneaker. addressed iho
Lillington, Lane, Miller, Patterson, Rowland,
Shepard, Sm$w, Thomas of Davidson, Tho-
man. of HavwrvwLThnmtiBnn-nf Wntrp. WaK.
ington, Woodfin, Worth 23.
J ... .. .
Those who voted in the negative are Mes
srs. Bernard, f Berry, Bethell, Bower, Collins,
Conner, Brake, Exum, Faison, Graham, Hal
sey, Hester, Moye, Murchison, Reich. Rogers,
Smith, Spicer, Speight, Thompson, of Bertie,
Walker, Ward, Watson, VVilley, Wooten 25.
The Senate then proceeded to consider the
bill to consolidate the several acts relating to
ITimnn Srtinnla
tne biKtrt ; .iu.oj 4W
the d.8tnu,.ion of ,he Lit.rary or School fund
fion Kbe according to white popula-
- The amendment- opposed by Mr. Smith.
EVENINGSSI0N
The Senate took up the bi "',:
Courts in Greene and Lenior, K;cri w8 a.
mended and passed its third readin
The Senate then resumed the unfini4je( bu.
siness, being the Common school bill.
After debate, Mr Gilmer's amendment w
rejected.
Mr Smith moved an amendment providing
that an abstract of the Common School laws.
with forms, instructions, &c, shall be printed
ami lurnished chooI Committees. Adopted.
Mr Smith moved another amendment to
give the appointment of Select Committeemen
to the hoard of Superintendants Carried.
iir Aenuall moved to strike out the 8th Sec
tion, allowing the superintendants $1,00 per
day for their necessary attendance. Adopted.
iVIr Lillington offered a substitute for the Slh
Section, providing for the appointment of a
General Superintendant, &c.
HOUSE OF COMMONS.
The special order tbe bill to repeal in part
the 6th section 3 1st chapter of Revised Stat
utes was taken up and indefinitely postpo
ned. Mr Barringer moved to take up and consider
the bill to incorporate the Danville and Char
lotte Railroad Company. On this question
there was a short debate, in which Messrs
Stevenson, Steele, Stanly, and McDowell, of
Iredell, participated. The motion to consider
prevailed Here the Speaker anneunced the
arrival of the hour for taking up the special
order the bill providing for amendment of tbe
constitution when the House resolved itself
into committee of the whole, Mr Mebane in
tbe Chair ; and Mr Leach, of Davidson, being
entitled to the floor, gave way for Mr Jones,
of Rowan, who moved that the Committee rise
and report the bill and amendments back to
the House. Carried.
Mr Mebane then reported the bill and a
mendments back to the House. At this stage
of tbe proceeding, the House got into great
confusion, and much time was consumed in a
discussion of Parliamentary rules. The Speak
er decided that the question before the House
was the concurrence in the report of the com
mittee, which was concurred in. The Speaker
then announced that the question before the
House was the adoption of the amendment of
Mr Rayner.
Mr Caldwell then offered an amendment to
the amendment of Mr Rayner; when Mr Steele
addressed the House, in favor of Mr R.'s a
mendment. Mr McMullen also spoke briefly
in favor of the original bill. Recess.
EVENING SESSION.
The following bills and resolutions weie
read the 3rd time and passed : bill to incorpo
rate the Hickory Nut Turnpike Company; bill
to incorporate Wake County Rifle Company ;
bill to incorporate the Mutual Life Insurance
Company ; bill to incorporate Phalanx Lodge,
in Charlotte ; bill to incorporate Concordia
Lodge, I. O. O. F. in Beaufort; bill to autho
rize Win. R. Abbott to cut a Canal and build
a road thereon ; bill concerning road in Ire
dell; bill to amend an act authorizing erection
of a bridge across Highwassie river; bill lo
lay off and establish a new county by the name
of Watauga; bill to authorize Cornelius
Sheilds to build a bridge across Bear Creek,
in Moore County; bill lo provide for the ap
prehension of runaway slaves in Dismal
Swamp; and also several private bills.
The resolutions reported by the Select Com
mittee in place of Mr. Steele's, were read the
3d time, when Mr Jones, of Orange, moved to
make them the order of the day for Saturday
at 1 1 o'clock. Lost.
Mr Stanly then moved to lav them on the
table. Lost. On the question of the passage
of the resolutions, a protracted discussion a
rose, which was participated in bv Messrs
Stanly, Dobbin, Steele, Rayner. Satterthwaite.
and Taylor, of Nash ; and the House finally
adjourned without coming to a vole on the
passage of the resolutions.
Friday, Jan. 12.
SEXATE.
Mr Joyner, from tbe Select Committee to
whom was referred so much of the Governor's
message as relates to the Raleigh and Gaston
Railroad, made a detailed report, accompanied
by resolutions providing for ceitain payments
nn account of said Road.
Mr Ashe introduced a bill to incorporate
the North Carolina Railroad Company, which
was oruerea to be printed, and made the spe
cial order for Thursday.
A bill to lay off and establish eieht Judicial
Circuits, was read the 2d time.
The bills to amend the Rev. Statutes, con
cerning Guardians and Wards ; to incorporate
Antiocn Academy in Kobeson, passed third
reading.
1 he bill to repeal an act, passed in 18-16-7,
to lay off and establish tbe county of Polk,
was taken up, and passed its 3d reading 30
to 16
EVENING SESSION.
The bills to provide for the open ins? and
clearing out of Big Rokfish Creek, in Cum.
berlan I ; to produce conformity in the Charter
of the Charlotte and South Carolina Railroad
Company; to incorporate the Greensboro' and
Mt. Airy Turnpike Company, passed their 2d
and 3d readings.
HOUSE OF COM MONS.
Mr McCJenahan introduced a bill, supple
mental to an act to improve Cape Fear and
Deep Rivers.
The resolutions submitted by the select com
mittee in place of Mr Steele's, were then ta
ken up when Mr Stanly moved a substitute
for the 4th resolution ; but the House refused
to strike out the 4th resolution. A 6hort but
animated discussion ensued between Messrs
Courts and Stanly.
The special order, being a bill to establish
a Turnpike from Salisbury to tbe Georgia line
was taken up and passed 2d reading.
The next thing in order was the bill provi
ding for amendments of the State Constitution
Several amendments were offered and rejected.
A proposition from Mr Kelly, to postpone
indefinitely, was also rejected, and the House
took a recess.
EVENING SESSION.
Mr Stanly moved to reconsider the bill en
titled " a bill to repeal in part Sec. 6th, Chap.
21st, Rev. Stat.,' and moved its reference to
the Judiciary committee with instructions to
report an amendment. Carried. . .
On motion of Mr Dobbin, the bill to Incor
porate the Charlotte and Danville Railroad Co.
was made the order of the day for Monday at
12 o'clock
The bill providing for amendments lo the
Constitution .was laken up, various amend
ments offered, and rejected. The bill finally
passed its 2d reading 70 to 26.
v . , -;; - . Saturday, Jan. 13.
. SENATE
The bill concerning the Wilmington and
Raleigh Railroad Co , paeeeti 3d reading. The
bill su PDlementat - ; the act i for an I Aran
I Hospitalicng the Hospital at Lexinston,
J n
reading.
1
a ii HOUSETVP COMMOvc
The bill supplmetal l0 an act to ami- .
Roanoke, arid Roanbiteana Seaboard fiT i je
Co., was read threi time and passed.
Mr Mebane introd-ed a bill to incornomt
the North Caro'-. R- Co. and fZr
purpeses. the same bill whTch wf.
rejected in tlfee a few days ago 1 m!
Stanly moved to take it the order of tL Si
for Monday next ;-pe,V .lbf ?g
arrival of the hour was announcd.Wti
up the order of the day the substitute for
Steele's resolutions ; which being read the 3d
time, Mr Barringer moved their indefinite post
ponement. Mr B., however, temporarily
withdrew his motion, to allow Mr Stanly to
offer the following substitute.or rather, amend
ment to the 4th Resolution, viz:
" Strike out all after the words will be
an act' and insert of gross injustice and
wrong ; and that all efforts of the abolitionists
to interfere with Slavery in the District of
Columbia or the States, deserves our severest
reprehension, and should call forth the earnest
and prompt disapprobation of every friend of
the Union ; and further Resolved, that the en
actment of any law of Congress which shall
directly or indirectly deprive the citizens of a
ny of the Slates of the right of emigrating in
to anj 0f the Territories of the United States,
and of exercising ownership over the 6ame
while in eaia Territories will be the exercise
of power contrary to the true meaning and
spirit of the Constu.iion, and never contemn
plated by the framers thweof."
A short discussion ensued between Messraf
Stanly, Dobbin and Courts, wben Mr Barrin'
ger renewed his motion ; pending which the
House took recess.
EVENING SESSION.
The following bills and resolutions passed
their 3d reading: To amend tne 19th Sec, 3d
Chap. Rev. Stat , also, 3d Sec. 85th Chap.; to
provide for the settlement Of Estates ; to amend
Hth Sec. 31st Chap. Rev. Stat.; to consolidate
various acts concerning poor debtors ; concer
ning Registers and Masters of Equity ; to es
tablish a Board of Directors for the Deaf and
Dumb Asylum.
The bill from the Senate, concerning the
practice of Law, was lost on its 3d reading.
Mr Jones, of Rowan, in'ioduced a resolu
tion to cut off all debale and amendments on
the resolutions concerning Slavery, &c.; peri
ding which, on motion of Mr Stanly.the Hoii5
adjourned to Monday.
NOTICE.
THE partnership heretofore existing between
PrucK & FcLTox.in the publication of the " Wil
mington Journal," ceased to exist on the 23d in
stant, in consequence of the death of Mr. Fultow.
Tbe business of the firm will be settled by the un
dersigned, ihe surviving partner, whn wi 1 contin
ue ihe publication of the 44 Journal."
Dec 29, 1S48 A. L. PRICE.
EVEHITTSVILLE
fi:iiii, mi . icm v.
THE WINTER SESSION of this SCHOOL
commenced on the 1st insiant, under tbe manage
ment of Miuses Richardson an l Snyden, I.adirs
eminently qualified to instruct in the vari.m
i brancbe8 of Literature and Science, and who will
consider themselves responsible, so far aa their
influence and instruction is concerned, for the fcrt
interests of their pupils.
The government f tbe School will be parental.
Tbe great object will be, to incite to virtuous con
duct, by an appeal to the moral sense ; sad by du
ly cultivating tenderness of conscience.
The Academic year will be divided into two
sessions, of five months each, with two vacations
two weeks in summer and six in winter. There
will be a public examination at the close of each
fcummcr ses.-ion.
Students will be charged from the time of en
trance. Ne deduction made for absence, except in case
of protracted sicklies.
Tuition has been reductd to the following rates:
Primary English branches, per session.
7 Ot)
Ths same, including Gcograpiiy, Gram
mar, Arithmetic, Composition, &c
Tbe above, including Natural and Mor
al Philosophy, Astronomy, Botany,
His'ory, Logic, Rhetoric, Algebra,
Geometry, &c. &c,
French, Drawing and Pa nting and Or
namental Nccdle-wotk, each,
Music, wi h use of Piano,
10 CO
12 50
5
18
(10
1)0
The Trust cs have provided a large and com
modious Boarding House, which is kept by Mr.
and Mrs. MoriscT persona well qualified lo dis
charge the duties.
Board $G 00 per month one half in advance.
Books, Muic. Paints, Sltioiiery, Canvass,
Crcwcll. &;c., furnished to the student at a
very
small advance upon New York cost.
J. C. SLOCTJMB. Secretary
Evcrittsvillc, of Board Trustees.
Wayne county, January, 1840. 18-tf
Niwbcrnian publish till forbid.
DIVISION ORDERS No. 3.
near Quarters Glh Dirision Xo. Ca. Mililia,
Wilmisgtox, lllh Jan'y, 1849.
7o the Colonels commanding 24th, 30A, 31s,
and 39th Regiments, composing 3rd Brigade
6th Division of North Carolina Militia.
YOU are hereby commanded to summon the
commissioned officers of your respective Regi
ments, to meet together at your respective Regi
mental psrade grounds, (after having given ten
days notice thereof, at three or more public place
in your county.) on Thursday, the 22nd day of
February next, for tbe purpose of electing ft Brig
adier General, to fill the vacancy caused by the
promotion of Gen. L. H. Marsleller.
The Officer highest in command, present on
the occasion, will superintend tho election, and
certify the result within ten days thereafter to the
Major Ueneral. Dy order of
L. H. MARSTELLER, Maj Gen;
6th Division K. C. Militia.
G. L. DCDLET,? ....
N F.Nito, JA.d-de-Camps.
STATS Or NORTH-CAIIOLINA.
Nkw-Hakoteu Cocsti.
Court of Pleas and Quarter Sessions,
December Term, 1848.
Original Attachment
Levied upon a House and
Lot on the South side of
Market street, adjoining the
Sarah Cowan,
Charles Erhart and fIot fmf:J Wm.C.Lord'a.
vs,
John Gammetl.
on the Wesi, and A. J. Ce
Rosset, Jr., on the South..
A. J. DcRosset, Jr., sum
moned as Garnishee.
IT appearing to the satisfaction of the Court
that the defendants reside beyond tho limits of
this State, or so abscond or conceal themselves
that the ordinary process of the law cannot be
served upon them : on motion, it u ordered, that
unless said defendants appear at the next term of
this Court, to be holden at the Court-House in
the town of Wiiming'on, on the second Monday
in March next, and replevy said property so levied
upon, that the same will be condemned (togctbe
with the effects in the hands of the Garnishee,)
and sold to satisiy plaintiff's demand.
Teste. L. II. MARSTELLER, Clerk.
Jan 5, 1849 l7-6t rP'fee t 38J
COOPER'S ISINGLASS.
TH E above article is the best in use for makine
Jellies. They can be made in the warmest
weather without any difficulty, perfectly stiff and
transparent, and when flavored with tbe extracts
of Vanilla, Damask Rose, Lemon and Nutmeg,
Rose, Peach or Orange flower water, they are un
surpassable. The above articles are for sale by
W H LIPPITT,
D29 Druggist and Chemist.
BUTTER.
Fresh Goshen Better. Just received and for
sale at KOWARD fr PEDEN'S.
FIGS.
20 drums fresh Turkey Figs. For sale '
J12 HOWARD. & xmDEflJ'.
-;- - paUUR. -, ,
JD--vd per scbr G W Davis, 19 barrels
osnsl Floor 1 0 half bbls de do. For sals hr
JtJ HOWARD rUDES.
i
f
I
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