The Greensborough patriot [December 4, 1852]

              tccttsl0r0i|| fl&irtet
VOL. XIY. GREEXSBOIIOUGH, N. C, DECEMBER 4, 1852, NO. 707.
PUBLISHED WEEKLY
BT SH AIM AND SHERWOOD.
| In the State, ihe Hoard nnllioriaeil the appoint-
■ menl nf Attorneys, in all the counties, tn atleml
In the interacts of ihe bnanl in this reaped ; liui
Ihe appointments of theae Attorneys, and ihe
Vrlce f2.HO a yeur: Iromn eemenl of soils lua been deferred on ne-on
THRU: DOLLAHS, ir SOT TAIII WITHIN OWE MONTH (|f s eug p(,njml, j„ y,a Supreme Court, in-
*"" *"* D>Tt or Ti!E sun^nimoii. __ . ^.^ ihp ron,,hl„ioila|llv „, lhe act ref. rred 10.
———— The Commissioners appointetl by the lax
ADVERTISrHO RATK8. General Assembly lo estimate Ihe balaiiee due
One dobur per ulM (rift-en line.) lor the hist ' f fc |(|| „|e ,„9lilllle r„r
i.emenl- as follow, : ; in Jeem-JJ In.l of $3.7il 70 to ilic.e gentlemen.
Oneyear which amount has been paid out ol the Literary
I'IIIKI.
Prufeuor Einmnne, Slale Oenlngisl. linn been
Ofltfageq' during the present year in the perform-ance
of hia important duliea, under Ihe direction
and supervision ol Ihe Literary Board. He will
no iloutil submit, in due time, a report of his op-erations
and observations, which will be laid be-lore
the General Assembly.
The Journal ami proceedings ol lhe Board for
the past two years will be submitted lo the ex-amination
of the lieneral Asscinblv, whenever
called for. DAVID s. KEID,
Priil. Ex-Officio Lit. Hoard.
(A.)
The principal of the Literary Fund if invested
Three mends'. Six mon/ni. Oneycai
One square, M.M
Two squares. 7.(10
S5.50 es.ou
10.00 14.00
Three " (Icol.) 1000 16.00 10.00
Hail column, IK.00 25.00 85,00
£cgislatiuc Documents.
REPORT,
Of Ihe President of the Literary Hoard to the
Legislature of AerM Carolina:
OFFICK OF Till. I.1TKRARY BoARO,
Ucinber 28th. 1852.
To Ihe Honorable Ihe Cmerat Jtsnemhty
oj the State oj So'tth Cutolina.'
The President and Directors of the Literary !
Fund respectfully submit lhe ■'.•.lowing Report: i
One of the ..mien of this Board, under lhe Acl!
ol Assembly, is lo distribute ihe ROOMI iitroine
ol ihe Literary Fund among ihe sevetal • lliea
of the Stale* The board districted, for the I
year 1861. ihe sum ol #128.104 14; ami thej [
have distributed, lor ihe present >ear, ihe sum ol
• l2rt.UU 14. !
The accompanying italemenl, marked (A.).
will show the prioripal ol Ilia Literary Fund.'
and ihe niamn-r in winch it i» imesicd. The
atateioent marked (II.) will show ihe receipts mi •
lha income ol Hie luuil hi lhe fiscal year SMltllllg
Oe.ober the SI St. IH5I, ami also lor eleven (
months of ihe fiscal >eur ending October the ai,|
1852. And the statement marked (t'.J will
straw the receipts of ihe piitwipal ol the lund,
from January the 1st, 1851, to Detoher ihe 1st. ■
1852. and die manner in which such receipts n|
principal have been invested.
The internal due ihe toml. iipon money uaed
by the I'uhhe Treasurer, foi whieh no bond has
been given since the miifieaiion IM" the Resolution
to borrow money, January 5 1847. amounting
lo 924.11? 'Mi, had been claimed by Ihe Board,
and the amount has been transferred,on the Fob*
lie Treasurer's books, to the credit ol lhe Liter-ary
Fund.
The Hoard do nnl deem il neeasssiy lo allude.
st length. 10 the delects in our Common -School i
syaiein. or lo the insuliicieiiey ol die amount an*
iiu.tllv distributed among die counties h»r school _
purposes. These are matters which will, no i
doubt, occupy lhe attentive and serious consider-attna
of the General Assembly : and nothing
which might be said here, could add to the obii- j
gallons which rent on that hotly to perfect thej
syalem. and to increase, in every just and prop- I
er way, the fund on which the system W based.
The Hoard beg leave lo say, that they concur
entirely in the views on this subject Ol their •
President, as cninmunicatcd by him lo the prcs-eui
legislature, m his Biennial Message.
The Swamp lands, reclaimed anil unreelaim*
ed, which have been vested in this Hoard for
educational purposes, ha*e received nil the at-tention
it was in the power ol the Hoard 10 be-alow.
The Hoard have adopted regulations in
relation in tho sale ol these lands* which, it IS |
helieved, are calcolalet! lo insure llieir value, .
when disposed ol". Thev are valuable ehiellv >
fur their timber. I'm lions of ihem are highly ;
fertile ; but it i* mil in lie expected thai liny can ,
readily he brought into market, mini tln-y shall .
have been drained, and rendered accessible to llie
tanner by works of improvement leading lo soil
through ihem.
By a lesolutinn nf the lasl Oeneral AesemUyi
it was made ihe duly ill die Hoard lo Inquire in'o
the piaclic.ihililv and expediency ol draining
certain landx in I'arterel t'oiinn . known as lhe
Open Clround Krairiei and ihey were directed,
aliould the) deem n advantageous to *\o so, lo
commence the draining ol ttaid I.IIMU ; and die
aumollive Ihonaand Oiillars was appropriated
lor ihai purpose from lhe Literary Fund. Boms
of ihe nieanbera of the Hoard risiied the*e lands
in May. 1851 ; and, after an examination of ihem
l»v Pmbasor Emmons, and a raeorahle repori
thereon by him, die Boa'd determined, m die
exerci-e nf the discretionary power veaied In
them hy the Kneolulion referred u». lo proceed m
the work of draining. Thomas .1. Pasfeur,
> Esq., WHS according! v apptduied to <<iiperinlend
the wink, lie has procured a survey ; but lhe
work has not yel been pul under contract. The
sum appropriated, it is believed, will not be suffi-cient
lo complelc the draining.
In compliance with the dneciions of lhe Gen-eral
Assembly, the Hoard have contracted for
ihe making of a portion of the Puogo road In
Washingion county. The work was let to ihe
The rollowiniT laMe presents a view of llie re-ceipts
and disbursements of lhe principal ol the
Literary Fund, Iroin January 1st, 1851. lo Oct.
I si, 1832:
RECEIPTS.
Cash ondeposile in Dank
of ('ape Fear, January
I, 1851, $2,005 30
Received principal Hal.
ami Gae. It. K. bonds. 8.300 00
Do Wake Kjresi College
bonds. 3.830 00
Do from sale of Swamp
Lands. 1.223 07
$18,410 54
DISBURSEMENTS.
Purchase of Slate bonds. $10,500 00
1 he pnn
is follow, :
I. 5322 Shares Slock in Dank of
Hank of
8.
Cajie l-'ear,
5027 do
the Slat**,
Bonds ol Halriifli and (iaaton
R. Knad Company. eniior«i'd
bv the Stale, dun 1st January,
1880,
lio. on Wilmington and lialeigli
Kail Road Company, seemed
by RongllgM and deed '1'rusl
on the property of ilieCoinjia-iiy
in IB37 and 1840,
On. endorsed hv the State,
Do. do do do
Bond ol Slale isslieil for Slock
in I'a\eiieville and tVeeletn
I'lank Road.
Do.executed accordingly lo Acl
A*M'inbly.
9. Do. do do
10. Do of Wake PuTeel College,
11. Do of Flora College,
12 Do of (iieensboro' Female Col-lege,
13. Dool Chowan Feni.ile Insii'u'e,
14. The whole of lhe Swamp Land.
ol the State, reclaimed and un-reclaimed,
not granted and hctil
In indivul oils prior lo the year
1810. esiimaieil ai I.50o!u00
acres, heretofore valued al,
15. Slale Bonds issued in 1852,
purfhased by the Board,
10. 3 Bonds oo J. W . Keeling and
others lor Swamp Lands, $755
each,
17. 4 Do on Thomas Sparrow and
other, for Swamp Lands,
4 Do on Allen Unsl and others
lor do,
1 Do on Nathaniel Credle and
others for do,
1 Do on W. D. Cooke, .hew-ing
a small balance.
Do on IS. J. King, believed to
be ol no v able.
1 Do on U ui. 1). Cooke and
Olbel,,
23. Amount of rash in Bank ofCap*
Fear to credit ol Board. (I'rio-cipal
money.)
$532,200 00
in hia biennial message, will suggest in, prnprie
ly tif appointing eomims'sioners to revise and de-fine
the Consliluiion itself.
Other amendments—the election of judges snd
justices of the peace by the people—are recom-mended
by Ihe Executive. Oihers, in which the
public mind take a deep interest, are urged, and
as soon as the period arrives for connecting Ihem
in the parly publics of lhe day, will possibly, one
after another, be Drought lo the attention of the
Assembly : such as the election nf a Lieutenant
Ciovernor, Secretary, Treasurer, Comptroller, lhe
proper qualifications of Governor, Members of
Assembly, Jurors, A..-.
Bcsitif these, are lhe more exciting questions
of the basis of lepresentatior. These questions,
as lo Ihe basis of reprcscniation, have as yet been
merely sectional, bill they are of a character, lor
olher reasons, lo become exciiing elements with
other question, in our popular elections. We
could present many considerations againsl having
the settlement ol all Ihese consiiiuiional question,
kept before Ihe public mind a sullicieni length of
lime, for the Legislature, by any thing il can do,
to give qutel and liual settlement to idem all.—
However little inclined lhe popular mind may be
The actual increase of pristcipal. during the . now, lo many of the moililicalioiis alluded to, we
name period, amounted to $1,223 67.
see lhe day. when some Governor nf the Slale. I principle involved in Ihe amendment itself, or,
Premium lor the same,
Loan to Chowan Female
Collet*,
Do lo Wm, D. Cnnke,
B .lance, being cash now
on deposit in Bank ol
Cape Fear,
183 75'
3.000 00
1.000 00
.735 70
-$10,410 54
502,700 00
140,000 00
85.000 00
5o.ooo on
2,250 00
2.000 00
30.808 55
552 00
fi.100 52
2.000 no
7.000 00
3 OtIO 00
Report of the Committee on Consti-tutional
Amendments.
should prolii by observation and the experience
ol the past. We hope lo be charged with no un-reasonable
reflections, when we say. that in future
political contests, parties, desirous ol success,
may not hcsiiate to favor the views of the friends
Your Committee are of opinion thai a frequent of lny ul lhe alterations ineiilioned. thereby tn-reeiirrence
lo Inud.imenlal principles is essential- ; (healing more concern lor lhe success and triumph
Iv neressarv i and dial lhe Consliluiion should I ufuerty, than Ihestabililv and permanence of lha
not he rhenied lor hghl or transient causes. It i .;,,,,.,,iui,on, and Ihereby giving lhe iriumpl. of! »PP»»"""'y *• Governor, to revise and dige,.
is conceded .hat everv al.eraiion or modification | „,„», bv „„,.,, ,lieana ,ecurei|, the appearance ol "le ldW"; "'(•"""»••"> •>' ■ >' Acl of the lasl »«-
of iha organic law, in-nl.ee. io some extent, the ; a popolirUeeiaion on a quest,,, reform, which f"'" "' .",e '■''"•|
ral *«"i»''ly. '>"»l«-l " »n Act
lor reusing and digesting Ihe publx Statute Laws
ol lhe Slate," beg leave lo lenprt;
In conjunction with R. Al. Saunder,, Esq.,
as to the mode of effecting il. should have reeull
ed in a report adverse lo a bill, which meets lhe
approval of nine-lenihs of the people of Ihe Stale,
and indignant would have been lhe popular re-sponse
Iroin all sections, if the report of a ma-joiiiy
of Ihe committee determined lhe question ;
hut loriunately, it still remains for tin- legislature
10 decide whether they will, by a two-third vole,
effectuate lhe object so wisely begun al lhe lasl
session, by re-enacting this hill, and submit lhe
great and important question it involves, In the
people for their ratilicaiion: or whether objec-lions,
merely formal, shall forestall the wishes ol
Ihe people, debar Ihem the enjoyment of essential
political privileges. Hoping that all the mem-ber,
of the House may ultimately agree to unite
with the undersigned in responding lo lhe de-mands
of Ihe people in relation to equal suffrage,
they earnestly recommend lhe passage of the
present bill, as the most effectual and speedy
mode of consummating the wishes of Ihe people
on that subject.
Respectfully submitted,
SAMUEL A. WILLIAMS.
JO. DOBSO.N.
C. M. STILES.
Report of the Commissioners,
Appointed lo Ihvite and JHgttU t/u Slalulf
oj north Carolina.
To Ihe Honorable Ihe lleneral Assembly
of Ihe Slale of Ntttk < arolina:
The undersigned, Iwo of the commissioner,.
popular Uecisto,i q
righia of the private citizen, and lhe principles OH Was only an element in ihe alrtle ol sullicieni m-tbe
public liberty. I lluence to lurn the scale,.
» All political power is vested in and derived | Impressed with these news, your Committee .
from thepcop nlv." is a cardinal max.u, of entertain the seitled couv.con thai. ,I lhe Gene- "''•y."'"".1'" Ie,r "PI '""■'" ■■ Ju',e •*»••
rcg ted free I: embodied in lhe Bill of' Ia| A,.eu.Wy I ravel out of the troe and legitimate I »."d '"""«''«'«ly ■ippor.ione.l among themselves
Rights: settled by the lessons of experience : I uirl ol Icgis'lalion, to linker with the Cunstitu-yusiained
ihrouglioui the lapaa ol time, .and amid I (lnni i|,ai u v.all be esialilislilug a dangeroiia pre-every
rhaiige ol cir'uni'taiiccs, by the jealous j cedenl, and eoinmiinng lhe people to a mode ol
the entire body of the chapters of" the Revised
Staiuies."
The lirst step was the preparation of tables
• -'i- i ii.nn' ■'• . .!• i',ii-,i.. ■ .-r --»— j- ■..--..— i tCyillli MNH ll'llllllltil iili "it |>n>|'iv- tv t. in ■». ,
paiiio.i.m of Ihr people. The first Constitution : ^^..ameot. which lhe bislory ol the two las.! " '",l""; bJ "»|fj '^ »'»"""•. ?*•><» "nee
was franod ill 1770. and adopied as the supreme I \MUmm deiiion.trale. 10 be both expensive ' ',830; ■%**» ''"C51^ ■*' """ »PP'oprtaie
law or a fr.e people, nolwilhslai ,g ,he mena- ] a,fu |irl.car,ous. *fP"?- A" """'J;."1. h«" ."a,ul" *SES
rv, ..I ...irwh.lioiog power, and the frowns of; j,,' ,,,„ .,„, ,|,i, sysiem of consiitulional re- """J"1"- IW« >' ''"'nbulable among d.fTerenl
an offcn.le,! king. : form be conlinurd. it.. no. improbable thai lhe ! rl"^" "' "'" R" ."ed Sta.utes. ,. became nec-
Thewis.ioniol.ages.aiidihecon.erv.ii.inol „rg»,llc law may became shreds and patches.! """">• "" ""'> "^lully •» dissect Iheir several
enhghie I siaiesineo. are enslampert upon eve- „'„ ,„,. ungmal ijousii.u.ion, with many ol .be ' ''""• ,h"',ln sclec''le "OM filling place for ll.etr,
r, hue of thai -:..„.,l nis.iun.ent. although North ,,r,„c,ple. of con.er.ative liberty whieh II em- '■ «"»<M pilllClplCB Ul VOtlovi , ntitc Itmnj niixi. a. v,„- i „ ->"»<> «"•» "»a ehapie., ol lhe He.tead
Carolina w i« jusi ihen emerging from a state of bodies, be lost Build lhe rubbish ol legislative en- I ''.., ''*
colonial drpi'liilelice. \ uclmeills.
This I'OIISIIIIIII.III remained in full force until ; ^ our Committee believe lhat all these grave
the augmentation of population in the Wesl pro- ; questions oughl lo he definitely settled at the
dnced Inequality "I reprcscniation, which indu- j t.aI|leat perioii, and thus obviate the fruitless dis-ced
the people io demand and obtain the Con- I cussion and bad temper, which must necessarily
was a work of considerable labour, and
obviously indispensable, both for proper arrange-ment
and to prevent omission ol any part o\' the
law.
This preparation having been made, lliey ,el
2.205 00
125 00
200 00
125 00
209 on
1,000 no
1.735 79
enntinuance of the commission, some provision
be made for printing lhe staiuies, a, reiised, be-fore
presenting ihem for legislative aclion.
Although mil. perhaps, strieily n part of their
duly, they endeavored lo gel ihe malerial for
ascertaining the boundaries nf Ihe several coun-ties
of lhe State I and for Ibis purpose, lliey ad-dressed
a letter to lhe chairman of ihe Count,
Court, lhe County Solicitor, and Clerk of tlfo
County Courl nf every county in the State.
A copy of the letter is herewith reported.
Il is exceedingly desirable that lhe boundaries
of our counties should be accurately a.ccrlamed.
The reasons are so obviou, thai ihey need not
be mentioned here.
They intended, if tbey had been snecmful. lo
have laid the information before lhe Legislature :
but as yet. they have received replies from only
three or four counties, and ihey have no reasnn
lo expect further information. In doing this,
they eave incurred a small printing and postage
bill, whieh will be presented during the sesaion
lor payment, if il may please the Legislature lo
allow it.
Respectfully submitted.
ASA BIOCS, ) _ .
B. F. MOORE, S *
November 10, 1852.
RALEIOII, Decentbor 12, 1851.
To Ihe Chairman oj Ihe County I ourl. County
Solietor. and Clerk oj Ihe County Court
of County:
We find it impracticable, from the material,
accessible lo us, to ascertain the boundaries of
the counties. We desire lo attain as much ae-curacy
as possible, and now address yiei. with
the hope thai you will give o, all llie aid you
can as lo the boundary of your county ; and, if
necessary, thai you will submit Ihe OiUer to
yuur Court. If Ihe boundary is well ascertained,
please inform us what portion of il, and how as-certained
f If any portion is not yet ascertained
with accuracy, stale lhe same particularly. We
desire you lo furnish us the boundary of your
county from the best information in yoiir power.
as early as practicable, and at farthest Juriug lhe
next Summer, with any suggestions yon may
think proper lo make, preparatory 10 the Report
we expect to make to the nex: general Assembly.
As il is important, for many reasons, dial the
boundary of your county should be settled and'
knnwn, if nnl already done, we sugeest the pro*
priety of having Ihe same ascertained under lhe
direction of the Court.
Your particular attention is requested, and
will much oblige.
Your obedient servants.
R. M. SAUNDEBSV
B. F. MOORE,
ASA BIGGS.
Commissioner* lo Unite Ihe Slaluten
me covering 78 years, there have been no ratf- j lluli unstable as water. It is desirable iherclore.
ical changes except those made by the Conven- ,„ tvery view ol the matter, that all these vexed
lion of 1835. in obedience lo the expressed voice ,jueelious of culiMllulional reform should be
ol the people, and ratified by them according lo ! u.rusi out Iroin the arena ol politics, and com-ihe
ancient republican usages. i muted where Ihey sightly belong—to the calm.
Under the Consiiiui.'ou of 1770. and the a- dispassionate, and enlightened judgment of a free
mended Consliluiion of 1835, lhe Slale of North ■ people. Conliding in lite wieUOUl of lhe Geuer-
Carolina has pursued lhe even tenor of her way d| Asiemhlj, lo devise some more speedy and
—illustrating lhe inlegnlv and conservalism ol sauslacluiv plan, by which the people may pass
mil, ant. settle finally lor UieniaeUea, ait these
(!»■)
$1.530,805 4(1
Tiie following Wt re ihe receipls on lhe income
of the Literary I'linil, during the lisej year end-ing
Oeiobei the 31.i, 1851 :
From Land Enisles, s 7,087 02
Do Dtvrdenila Dank of
lhe Stale, 51.520 75
Do do do of
Cape Fear, 42.570 on
RoanoRe Navigation Co, 1.020 110
Cape Pear do do, I.US0 Oil
lult'irston Wake I'oie.l
Ihe safer, wiser mode,
rdancc with Ihe ancient
College hniiil, 007 01
Do Plural do do 00 00
Do Greensboro' do, 420 Oil
Do on Ral. and G laton
li. If. bonds. 8.808 00
Do on Wll. anil Ral.
H, R. bonds. 8.235 80
Tavern '1 ax, 5.501 H4
Auciion Tax, 418 12
$120,255 24
For eleven months, uploOrt. the 1st, of the
fiscal year ending Del. aUei, 1852, lhe receipls
on tho income were :
From Land Eulries, 8 3,704 40
Dividends ul Bank of
Slate, 51,528 75
Do Bank of Cape Fear, 42,678 00
her organic law. bv prolaeling the rights of eve-ry
cnizen. and securing to her jttsl rule, a loyal
auhmiaaion.
^ our Committee are of opinion, that when a-mendoienta
Ml toe organic law are suggested hy
lime and experience, and clearly demanded hy
the popular voice, thai a convention, freeh from
the people, ts mil only
hut 1110-1 atrielly in ace
republican landmark,,
li uiav be snd lhal amendment of the Consii-ini
by legislative enactment, is in exact eon-lormiiv
ton provision of lhe Conslitiinon itself,
. and eannot he nt war wiih the fundamental max-im,
thai '• all pointed power is vested 111 and de-rived
Ironi lhe people only." But your coin-lie
conceive thai there is a great and material
difference lielween the simple right or power 01
aecepiing or rejecting, and that lull and complete
power ol lhe people. 10 begin* conduct and eom-
; plele, addition, or alirraiioos,ui their organic law.
In the present and protective condition ol things,
' 11 is not likely lhal the election of members lo lhe
Asseinhlv. ai ihe general election, will, in half the
in-t.HUTS, lurn purely on issues growing oui ol
! amendments 10 Constitution. Party spiril, and
I many other exciting issues of Federal and Suite
1 policy, thai are usually mixed up in the biennial
eieciious, will ever preveul such a retail. When
Ihe people yield to the General As.-cmbly Ibis
deeply interesiiiig questions, your couimttlee
respn dully disagree 10 the recommendaiioui ol
the Governor, and asked to he discharged liom
ihe lunher consideration ol the eubjecl.
Reeuectlullt lubmitled,
' W. s. HARRIS, Chsn'o,
W. II. I Kll'l".
WILLIE PERRY,
C. M, MILES.
MINORITY REPORT.
The undersigned, members ol the ISelccI Com-mulct-
on Coosiitiniiiiial Rclorui, lo whom was
ictciTcd lhe hill 10 amend the Constitution ol
.Noith Carolina, do not concur in the repori suli-uiiiied
hv a majority of that commtttee: and big
leave to enter tne'.r unqualified dissent therein,
I'hey did not deem that their work would be
acceptable,by simply collecting and reducing into
one chapter. Ihe .unites passed al different limes
upon Ihe same subject mailer, after llie manner
ol a condensed compilation ; but Ihey thought il
beat, and expected, 100, of Ihem, lhal they should
consolidate ihem so as to give to ihem the char-acier
ol the unity of one enactment, thereby much
abbreviating the law and effecting, if possible,
lhe directions of lhe Legislature, lo compress the
whole into one volume.
This work Of Collation, consolidation and con-densillon,
Ihey believed Ihey could beat perform,
I each one by himself: and ihey prosecuted il in
i this manner nil Ji last, when, having nearly
I completed, eaeh one, hia several task, ihey mei
j in tins ciiy lo submit the whole lo a joint resi-
, sum.
This part of lhe work required lhe umied pre-
| aence and action of all the commissioners. Alter
ibis should have been completed, next was lo
, lollow the reference to the staitites revised, and
; In llie decisions of ihe Supreme Court on the
1 statutes. Then was in be prepared lhe index.
I a woik requiring both time and care : and then
each chapter, as revised, was to he printed for
the examination and action of lhe Legislature.
unit to, exp' ress ihur most hea, rt.y, appr,o,val ul di1e ' •l!"•,«.„,e.,, „«.„., . as no provision for this important part
amendment proposed by the hill, and lhe mode 1
therein adopted lor elleciiug n.
The righi ol an elector, who is once qualified
I to vole lor candidates lor all elective ollircs, lies
1 at Ihe very louiiitaiion ul Ameiicau ideas of lib-erty
and equably , and no one can oppose it, who
believes in lhe capacity ul uian lor sell-gotcru-illent.
The statement ol the proposition amounts in
ol lhe wink : bin ihe commissioners bad deter-mined
10 pricore it. if this had been the only ob-stacle
to ihe completion of their labors, leaving
the compensation entirely :n the Legislature. In
July lasl, while engaged 111 iheir labors, they
were assuretl hy one of the commissioners, whi
had participated in the revisal of 1838. lhal the
pruning and revision of lhe proof would require
bout three months. Having no reason, on re
lowest bidder ; and, it is believed, on favorable I Do Roanoke .Nav. Co.,
lerms lor the Board. The appropriation—five i Do Cape Fear do
thousand dollars—will not he sufficient to com- Inl'at on Wake Forest
plele the toad ; yel the Board felt hound lo con- | College bond,
tract for as great a distance as this amount would Do Floral College bond,
construct. 'Oil work is progressing. ano\eannol Do Greensboro' College
fail, when completed, to be of malerial benefit to bond,
the Literary Fund. It will render accessible. I Do Ral. and Gast. R. R.
and thus bring nun market, large bodies ol land
whieh would otherwise have remained unpro-ductive,
anil at the same time exposed to trespas-ses
and depredations. It is respectfully submit-ted
whether sound policy does not require thai
an additional appropriation should be made (or
completing ihil work.
Messrs. Keeling and Riddick. who hold cer-tain
lands near Lake Pungo, under title made
Home years since hy the Literary Board, hnving
been sued for alleged trespass by lhe Albemarle
Land company, the Board directed lhal iis Pres- j
■<lent employ counsel, to be associated with the Total for '51.and up to Oct. I. '52, 280,431 28
counsel of Messrs. Keeling and Riddick, in suiits The Disbursements were :
in which il is believed the interact! of the Board For 1851, $ 04,506 41
■ re involved. The Hoard have also taken steps ForI852.uplo0cl. 1, 161,020 20
lo institute suits against all person, who may be Total, $255,625 67
trespassing on the swamp lands belonging lo the '
Literary Fund. Excess of re'pl, o'er disbursements^ 33,805 01
The Isst General Assembly having vested in Add am't. m Treas'y. Nov. 1,1850. 118,102 67
this Board, in tru-*. for the u-e and benefit of the .
Literary lund. ill the estates thai should escheat Balance in Treasury, Oct. I, r\t53,$l$lJMW M
1
bonds.
Bo Wd. and Ral. R. R.
bonds.
Do Fay. P, Road bonds,
Dividends nf W il. and
Raleigh R. R.,
j Tavern Tax,
Auction Tax.
Int. on money usrd by
Public Treasurer,
1,250 00
1,300 00
DIG 10
120 00
420 00
8,550 00
8334 00
161 31
12,000 00
6,284 00
025 13
itse,ll t,n a deinuiisiraiioii, ueoauae, equa, lity a, l lhe, i o"c..c«i,i.n..n«, .to d1o' ubi.t'.t'ih.e" mfac"rt,""i.hVe"v* were made sensi-ballot
box must be an axiom 111 the political laitb I,■„ r ,. ,. -,.,-. r .,
lleMg.iasila.iitiv>c. pooowweirroovnerruthueiirr ifuuniidoa.imiiierniMta.l,iaiaw». ,tihue.vj I » , r tile stonee, ul lhe impracticability of allempnng 0| every genuine advocaie and supporter of re-have,
hy precedenl. vested it with additional now- . b||(.an inmi.,.,[ea,
„. _...! 1-1 1^.1 ... tl.n •>*.*.•, hi.ill' ll.s" luUi.OI illlnil I ' *
An 1... -ui .'■ argument, lliereforr, lo support
the i>riiici|)lL* ul fi|ual vullritge, .*- uivulved in Hit'
bill, is U...H i'i " -i.» . and would be an acl ul su-peierogjlion
al this unit*. The patriotic and iu-lelligenl
voters ul Monti CaruLna Iiavc demanded
a change in our lui.dauienial law, no a» tu incur-
|wrute .herein. Iliii pflBClpIC ul equality, will, a
unanimity uiijiairalelied, mid in a voice which
raiinoi he disregarded, i lie nroule have r.ol
r, and iili-nded in the name body, llie law-making
3iid ihe citnsiiiuiion-m.ikuijj power. An impor-tant
nlijeei o( the t'niiaiiuitioii is to limit tho BOW.
tr of legislators, ami other persons whom ihe
people enirnsl Will power. Ltf it be onee esta-blished,
iliat the people, on their own motion,
ean ha\e no other privilege or safeguard, by con-stitutional
provision, than surli as those whom
24,217 39
lliey tiist plaee in power may propose io them,
il is apprehended ihey have laken one step to ihe
nri'i.ud',i'ro o\. popli,wf ' riffh s and, _wc„ll.r.tg'.ulaul.e.di u"n'vV sell ed llie q"<uestion as leg•■ aros the Mil. now
j J ' ' 6 , untier eonsuleraiion, by an eu.phaiic approftu ol
tree oin. ... , r _ ,■ „ , ilm nrineiole it involves, but ihey have diti.roved,
Il i. irur. that .,. Jm matter of amending he I lkedce,.,v., .he modJ .herein adopied.
t-"""""1 'd .be Ln,led Males. Congress1 ... ■ r Ul lhel|. ,.„„„„„„„„. »t |cs. so lar as
""■ I •'"' l'r"l'"""'»! -nendmentsto lhe Mate,. «' ' ,„/'_,„„.,„„„„„ mMmf ,„ ,„„ „„,.
hut vour Uommniee are al a loss to see What in- , "*
strul'iion this givesas to the safer mode ofamend-1 lhe only enquiry, iberclorc, which should
,ng the Consliluiion ol North Caiol.na. The | h.ve engaged lhe a.len.lou ol the counnitlee.
Conetitution of the United Slates forms a govern- I was, whether Ihe reuu.reu.en.s ol the l.onsii.u-nlollimiled
powers, lor certain purposes, urn... lion, h relallon lo amendments .hereto by lhe
1 . . . ...I .j.l..i..vn l.-.jl l.'.jsii alfniili (■■■111 ..I in, t «• nil
-*I00,I76 0»
lug lhe peop lhe Stales, and lor its authority legislature, had been slr.clly coi.iplieu wnh.—
re.ls on .be adoption ol ihe people ... Ihe.r re- Up.... .hi-laiier point, there was no dillerence of
specttve Stales-each Stale, irrespective of lhe opinion among ihe members ul the committee,
number of its inhabitants, having ihe same voice. Al lhe lasl session ol the Ueneral Assembly, the ga.d to the public interest fully justifies lhal de
. ** .1 •. ■ ■ lv.ll skanaawskal l>i>il. Il.vn.... I.<- lb- .n.,...»..., ' I , >< 'Plini .-.1.1I1I ><■., !,?■• Ifeaasstan 1 - » ,
io present the work at thi« session of the l«egis-hilure
; and R. ||, Saumlers, Esq.. having re-signed
his place in the board, no further pro-gress
lus been made in the joity revision since
the idea ol rompleting ihe work, was abandoned,
The plan wiih WIIM-II llie revision bad been
commenced and was lo be prosecuted, required
time lor us accomplishment; and that limi was
not to be had unless all dig commissioners had
convened together and devoied ihemselres, with-out
intermission, in the toorlt. They did not
suppose that it was expected of them, that they
should abandon their profession altogether—a
course which would have -hern hi£hly unjust lo
their numerous clients, and attended with great
individual sacrifice to themselves.
In truth, however, th** undersigned did believe,
when they accepted the commission, thai ihey
could perlurm lhe work in time for the present
aess'on ol the (itneral Assembly, and were nut
convinced lo the coniraiy till ihey convened du-ring
lhe past summer.
'i'hey deeply regret the delay and publie dis-appointment,
but ihey are assured that a due re-
Saviuc the power lhal North Carolina has, for present bill passed both Houses, by the majority .lay. I hey could noi have been persuaded to
ihe general good, surrendered to the General prescribed by lhe Constitution, and all lhe so-, oiler lo lhe l,egislaiHre a work with which they
Government, she is a sovereign Stale—a govern- lemmtiea required m us enactment were duly 1 would have been so little satisfied themselves,
menl ol the people, li is hi be fe.ued, thai il die observed al ihai session. The committee like- as thai which could have been prepared by ihem,
legifclative mode cd amending the Constitution be- wise concurred in opinion, that Una bill, so a- (even if ihey had the power lo have prosecuted ,
eoiDM, by precedent, lixed on ihe people, in ma- greed io, it the lasl wiMM, bed been duly puo- it in ihe absence of a ihird commissioner.) after j
king the important alteration now con'-emplaled. lished six months previous to Hie election ol the the information given lo them of the length of
we shall, lor yeari to come, have lhe attention of members ol ibis General Assembly. It is much lime uenssary lor lhe priming.
the Asatemhly occupied « ith rniituituiional amend- U» he regretted that dill'ereuces ol opinion among In conclusion, they suggm. thai if the l.cgit-meir
«, »nd urn it.< tn't.rs ol this I<egi«|jtare will the members ol ibe couimimr, cither is to lhe Ulttft shall deem n advisable to authorise a '
FROM TIIK RALKIOH REOISTER.
DEAR SIR: Chief Justice Ituflin. on the occa-sion
of his withdrawing from the Bench of the
Supreme Court, which for so Ion* a irme, he
adorned wiih the highest annuities of a great and
learned Judge, did me the honor to address me
a letter.
As it explains more fully the motive which
counselled him to the step which he was then
about to take, than with propriety eould he set
furih in hie letter of resignation. I deem it hut
just to him that his fellow citizens should read il.
1 am further urged in do this by the friendly
office which he has entrusted me lo discharge ;
and although it is done at an earlier day than*
is designated, I am sure it will nnl he on thai
account, the less acceptable to his prnfes«i inal
brethren, with whom hi-, position on ihe Hcnch
has so long heen lhe means of iololleeMMtl anoV
friendly inlercourise. Yours, &rM
IS. K. MOOUP,.
SKATON CALKS, Esq.
ItAI.KIUII, Nov. lOih, 18.)2.
MY DFAR SIR : NoaHy two years ago, I men-tioned
to you my wiih to retire from the Bench.
1 was induced lo forego ihe purpose, at that
time, by your partial remoustraneps and other
consideration* . and in Ibe interval I ilioughl jt
besl not tn give ocea*ion for •pteinaljofll in the
public mind, by letting it be known that I had such
lb.nights al all. Suhseqent evem«. however,
furnish olher reasons in confirmation of my pre-vious
inclination, which I think sufficiently jus-tify
it. They need not be |>.iriicularly express-ed,
as I :ru«l yon will not impute a dereliction of
duty to my retiring. Indeed, it does noi seem to
me, il can be (airly done; but on the contrary,.
that I may claim lo have fairly earned the resl I
desire.
The place I have held beside* other impor-tant
qualifications, requires an iin:iieu->e capac-ity
for work, and a constant willingness in ejt-ert
it, which are found in few and belong In lhe
prime and vigor of life. Now. I have, just at
ibis lime, been engaged fony-five years, either
in the practice or ibe administration nl ihe law ;
upwards of iweniy-eight of those years on the
Bench. I repeat, that after that, I think I have
some right lo rest. I am not, indeed, aware of
a falling off. which wou'd. for the present, ren-der
me less lit fir n Judge than hitherto. But
Ibe day must soon come, when there will be too
falling off. I do not wish to l>e (he la<i to per-ceive
decay ; nor do I wish lo postpone my re-tirement
■nlil il will have become cheerless and
painful. Beiides, if, as yel, there be no diminu-tion
in mental power or in the fund of knowl-edge.
I musi, at lea»t, own a cniiseion*neM, lhal
I have not, now, that endur.inec and love of la-bor
I formerly felt, and which I deem uidispen.*
sahle 10 lhe due performance of ihe duties nt the
station to which 1 wa* c.dled. On the contrary,
though (!> lug from languor, I desire rcltxahon
and repose. That I «hoold do so, after «o long
a service, I hope will excite neither surprise nor
cen«ure ; but lhal von and »f oihei friend* will,
without withdrawing any part ol your regard,
discharge me from pmsaeeinitval toil* end official
solicitudes and responsibilities and allow me to
lurn to the congenial pursuits of agriculture, and
the tranquil amusements and occupations of do-mestic
rural life.
1 ask the liberty, therefore, of committing t<*
vour friendly charge the enclosed leiler of resig-naiion,
wiih the request that it may be delivered
nB«t Tuendiv or Wedneed ay. I aefoet (hat time
,- ether exciting elections may then, probablv.