The Greensborough patriot [November 28, 1846]

              i!!3rp
VOLUME VIII.
rccnsljorpuijl) flat
GREENSBOROUGH, NORTH-CAROLINA, NOVEMBER 28, 1846. NUMBER 35
ynblisljcD lUcckln
BY SWAIM& SUERWOOJ)
I'llK St, TIIUEK DOLLARS AUtl,
OH f'i.50, ir s*ti» WITIM SOS HWIH ttriN fOM M
A i.ul iirr on tin* part of any ruituuicr 10 or.
«incc within llir «uK«cri|>ti-iii vi-ar, will I*
Jicatiit iifhu **i-ih to roiitinueihe-uper.
n-I'lt-rrJ III
G.V. liKAIIAM'S MESSAGE
ing hy
in hi'i i
[GHHHHM.]
The yearly R-pori ofthe \l Minington am] Ual-cicli
Rail n t.id Company ha* not yet been re-ceived,
but Will bi« submitted to you along arilh
th- Report of ihr Board of Interim! Improvement. *•r'*'- ['> \"
In V'»»»'ml> r lost they exhibited a reduction ol
]i'i;U(i i] liars in principal i their debt, beside*
.he payment of interest < n nil loans in ihe prece-ding
twelve months; and it is supposed (but ihu
present has been a year of still greater prosperity
to thai Rail Bowl.
The Act ol your In*-' Session for ihr re-orgrtni-zition
ofili*- Portautooih and Ktoanolte Hi I li-.id
■Company, by a sole of jia properly, under the au-thority
of both States, was not encoded 10 by ihe
Legislature of Virginia. That body, however,
has made a separate enactment upas, the sam
if a contrary decision from that arrived at by the
Court should be nude, nml this corporation sftooul
tie deprived of any of its privileges, R9f mjoyrd
under our law, by reason of anv neglect ofee.y,
or by any transgression whatever, it should be re-loJioted
wit h the loss of ihe Portsmouth Road BIM.
This State had made herself no party in the- rival-ries
of these Companies, but author/iced the COB*
•traction of both luadr. tv procure the advantage
of two highways lor market and travel, expect-ing
to her people, ul course, tt.e fruits of a fai-r em-ulation
between them. But ill the disprnsut.-.n
of her justice, whether ammi; corporations or in-divid-
ia's. and in the exaction of the homage doe
to her laws, in her own Territory, DO influence!
from .idM.I I (en be permitted to interfere. Not
to remark nnlh'- departure Irom comity, implied
in gratuitously ossuming, it at NorthCorohna do-ne
one of their Roods, and proclaim*
bjic advertisement, that she should be
from the bM<f lni>#* through part ofit was
it- and existed by her leave, while the
•ami1 Statute appoint* agents to attend and btl
for \ irg'nio.j and on the ileiiunciation, that if, lor
in.Ian. Mof our I IW, Otteiminod and adjudged by
our biflOVat Judicial Tribune, in a proceeding
then beT>re n, the Company oWning the other
H ad should be deprived o( any of the privilefei
and advantages granted to it by tots State* then
the use ul both should be lest : This Act ol lb
General Assembly of Virginia indicates a pre
thirds of the vear.ar.d that by tiro addition of
locka and d.iui-*. this Navigation may be extended
lo a point wuhui a doien miles Of Kuleigh. A
pood Navigation has b« on effected, by this mean-",
in the Kentucky River, and other ttreomi dia-charjjinir
a less volume of wat-r, and more Mb*
jeel In tin annual infc*iience of drought, lhan Ihi
Neiise. Were tb.s accomplrshed iti connexion
null the pnaangn ofcoaating veaavli from Benti*
fort to Xeivbarn, by enlarginv the Canal before
referred to, it could not bnl to a Id much to the
nccoiiimnd iii >n of the peeple* and tuthe wealth
and nammereiaj imiMirtanee ol the state. It ia
well n-Ci-rtauied, th.it there n no "real unpedi-mint
to the Navigation of the \adl>m Itiver
w»:lrm bur limibh above the narrow?.. The open-ing
of that River, therefore, from Wflketboroaufi
to us interaeoti «n with tlie proposed Turnpike
from Raleigh and Fayettetnle, westward, and
the oompluiH-n of MHI Road, are worha ofcrea:
public importance, io which, if the Stain will not
i*mbaric on her own nccotnt aolely, ah** ihould
not lieattote to ancoiid the patfiotie eObrta of the
citizen. The aurvejr of the routes, for tbfa Turn-pike
Road, according lo the directiona of the la»t
Lleneral Assembly, baa been completed, and the ■
reflect ol ibe Engineer may be expected at an
early 'lay.
The bad condition n| our 1'ubi.c Roads has
lona been the lUtjjfCI of general, and I apprehend,
just reproach io toe Suite* In the un**rnea of
subject DMUler, *n novel in some of its pacwMJono Itionption on her part, of dependence by us, upon Improvement firhioh haveVen put forth beret
aa to call for a moment's notice. It darvcta a ial« hvl',or """••«',s •»••,h*' "'^IIS ol* reach ;ig them
of all ihe property and franchises of the Company 'v,,ich reqtlim an examination of the relations
in both Stales, be the Hoard of pvlhc works of [","'v,*<'l» "»■ ,n lhfll P°'Oi ^ »iew, it Calls for I
Virginia ; but provides that if at ('he sale, or at any minute revinun ol the Charter! heretofore so liber-time
thereafter the State Q( Sorh C'-iroJina or any a">' canted lor the promotion of trade 10 her own
Company incor|»orated by her for purpose of In- lu»'» ,roni ,'i'3 Suu'-a" ioteaiigrrtion ol the fuk*l-ternal
Impruveinenl. should in any wuv become oient ol them by those to whom they have Wen
the owntr of aaid Rail Road, "tha < ieneral As- f«m«l« •i"J. " necessary, the pro* i»ion of new
sembly of Virginia reaereea the right to revoke all gt»«" <"»r "I"' leCUrity o! lb** advantages to u
the powers, privileges mid immunities conveyed .which th.y were desipnei! to procure,
by such sale, and to declare the same null and *"^*sts the neceMlly of Improvementa ol our
void.** Now ull this, so far as relates to North own" which shall break any 0»C*l dependence.
Carolina, or lo the known purposea of any of her >Vre it may esiaU] aa fat as possible, and place
ciliaena. ia the mere rflusiuu of a iea'ous and bos- lni* Swt" m * l»o»,uw* « t!| lll",',*• lo 'twlwnle
tile spirit, without object or meaning. She had lLe Vuljlic )»«*■**• •>* «»"s' ***** be dom at anv
fore, loolntle apace has been allotted lo these d;
bauntC ultr-.de and travel. A distinguished a-J-tburiiy.
in speaking of our road*, mco>Miniends
that they 6e claaaedin three deacrhiaiona, viz; l-t.
ihe pmocipal and Ieoi1o»c read-' tube denominate I
M'xttw r.'id*. m the conatruction of which, the
State will bear one moiety of the expense, nitri
ihe Counties thlOUgh which they pa» the other
moiety; 2d. County loads to be made nod kept
It UIM> up by ibe Counties, and Ud, privatexoada by ibe
individual* b'<iiclii!<d by them. IVftlurttt adopt-ing
ibia plan in all its de'.ad>, i a-fii tlo*rouglily
pennnded thai no moderate amount dfthe (nJoltc
treflture COokl be (nore benelicially expended,
than in employing on En&jnet-r lor one, or at
After tl»i«f expeii'-nce on our part, as well as
that cfibo l-Vdernl (i.ivernment. in relation 10 i'»
jumda,many years ago.u do»s not seem io b*
' v.we policy. 10 order another sale on credit. Con-
IWering on the other band, (hat the purchasers at
the former sabs w re nipiired to pay down in
cash one-eighth part of lh.- prices then led—thai
. they have since made payment* into lawTrenauri ' '"e nselul aris
of eonaiderabla amounts on ibelr booda—thit] I n in cenien
' they ore settled on these lands and have associa-ted
with them the endearments ofhome.it aerma
hardly just to expose them at an auction sale, f. r
cash. I therefore advise that, as to ull the sur-render!
d land, aume mode be adopted, of affixing
a fair Valuation 7ii each tract, by pcrsocs of com-
| peience and probity, and that the surrenderee be
permitted to lake ineco, on paymg such •aluaiian
in each by a given day thereafter ; otherwise, that
the land thai! be -u!a r.'. pu1)!tc Sale.
I It may not I- remerr.bored by you, thai-only
such of these Innds, as were erlimated a: and a-
| bove twei.ty cents per -ere in KWI, were survey-ed
and brought into market. The residue waa
directed "to remain subject to ihe diapoeitiM of a
future |.< gijlatiire, and shall not be liable lo be
entered ui uie Euliy Taker's ollice, «EC." Ten
years have passed away, since the passage of that
Aft. an I no further deposition has been directed
ol these lands, except that, the boun'y in hud for
building Iron Works, boa been extended to that
country, and two tracts of three thousand acrvs
each huv'_'becii granted under that law. A'o rea-son
is perceived for Ion
these unsurveyed lands, and it is therefore
grated, that they be either sold ot notion for cash,
or subjected -o entry and grant ul some fixed rnie
per acre. The County «d Cherokee now payi a
land tax of but a feiv dollars, there being but a
■mall quantity ofptlenied laud, exclusive of the
Iron Works grants within it. Tlie increase,
ibeiwore, ol the revenue, the necessity of having
free holders for jurors, and other services under
the < ■ovemnieiit, the policy of fixing the popula-tion,
and indacing thern to improve the Country,
aN unite m lav-fir of placing
ai the possession ofcitixen
so open to pupils who may be able to pay at re
sonable charges. Twenty Slate byn< ficiuru
and two paying schnlars are now- inairucted I
this institution. And It will donLt!■ « *<• to i
.-re.able part of nor duty, to easanae ine | r
grem of these children ni astsfonune in ibe
contrae of mema1e*!ocaiion. n wrll a- insom*1 «
A like 8ehool forth
bitten by the Boaid, i
■ I iin-nlsuf any gra 1
i f nlaritiei in such r
one lime resolved uj on. Hot for wain of Mtfor*
umtiOii a- to the number, rr^id. uce and Nmatioii
in life ufibiaclaaa ol niRicted persona, the fewneai
oi ihoae oflering tbeuiaelrea a^ pupila, and the
diflicultiea encountered iu employing a lencher.
having all the qoalificailOOJ needed 10 be^in such
an enterprife, and OOnduCt it IO a successful Ea-
■Ue, have occasioned a pOStponemcOl of thai work
of benevolence for the prevent,
For the suppoil LI Lomni'in Schools, there IJ*>
been disiribuk'd from tins fuud for the yenr, end-mg
Septeii.ber <H. |S|.", i!i. sum of *!)7>..' II,
and on the Kke day m I8W, the sum of )? I" "t^
tI5. Official infi Nnatinn Im* been received i J lb •
adoption of the Common School system by the
popular vote at the hue election iu the CounUea of
Bdgecomb and Rowan. Its odvauiagea are there*
lore now to be extended lo ever* County in Uie
S'.nte. It would be gratif; Irtg to me to be able : i
announce ta you, that these advaniagra were now
eommenaumte with ihe munificence of the Legis-lature,
m providing this lund.utu tboexpectations
of the public, in advancing education onion" the
r delay in liHe scle of rising generation. It ia apprehended however,
that much less good is effected at present, from
ihe actual optv^tion of the Scho<d system, lhan
ought to rerur from the amount ol loads fail
and distributed for its aujif'ort. And yet, frt
the nature of the defect, h ia difflcuk in apply a
remedy. I'rom all the Cnuntus in the State* on-ly
thirty-eigbi Chairmen of th« Hoards of Super*
lutandentsforCominon Schools, made any return
to tbe Literary Hoard, nl the nperaiiun "f the sys-tem
m their Counties for the yeai l>l.\ and a
•till smaller number in ISIS, although the lime
ii 1 tbia Uepartun nt»on mor<
- I oi the la^t iu |ve mon*h
• I that a r> uuifemeni *•-• tl
r I • r Br gad-s to nj r\ '
a «-m- of few d lya .n i .-
Him I has. undergo con*, ui ifr I
d was at f to Camp aii ■ cl i
bung defrayed by the
live of ihe best. \l eta.
The permisaioii nf t
io the M
reef*
a..it
v.-r complauila of irreg»
, having Le- n lodged in
lhan one occatrapa w Mb-it
"5 »i!s • SliL'ffetled,
' 'ii!-") rs ol Ri guuenis
• a d * ucauip fur •»
: vhtvji.tbeyabouM
■a bicnuie familiar aed
«. their expenses only
■,j would be produc-
.e use rf the l*ubbc Arms
.:i.i, J*;.O'-'!J I- regulited hy law: slid
tree urovuMotuchouId bti made for the
relurn ot >be Arms i -i li.e dissolution of the Corpa
to whom i\. -v were issued*
In ihe month of July last*, I receiv
President ol ibe Senate of tho L*o!ie
^d from t!io
i Statea, tbd
neither manifested or entertained any wish io be ilbout any apprehension of loss or most, two years, whose doty it sl.ould be to ex-
-corne thei propraetor of this Knil Hoad'. Her-Board 'nconven'ienee from privilegesgranted, being with* omine routva for the chief market and mad rondo
oflnternal Improvement, it ia true, stood iu the drawn by a neighboring Stale. of the State, under ibe direction of iho Board ol
situation ofJk creditor of the company for monies A Roil llorJ from Raleigh to Kayelteville internal Improveimnis. ond lay ibem oil on the
l-rrvDui were amply secured by a mortgage, on would bean important work in such a system of n,l*t Mivomble 0SOU0u\«mfa v. Mlten esiimaiesond
a-nort of .he Kail Road property, prior in lien to Improsemeni. It would at once render available directions fortbtk construction and Improvement.
sny other. Theru ia another prosision in ibis the existing &7 miles of road m conceniroting the The County Courts might be authorised 10 make
act of more significance. It declares in a subje- Won}* Of *Su* -coiinivy between Kuleigb ond the wvief, in aid of ihe SbRulu labor within their Inn-
•nueot section, "Hiat iu case ihe' UUllHWmVs ol CUV R*»«uk«\ on the nuvigable SrWM of Capo F* ar iU. and Bl ibe most difficult points, assistance might
State of North Carolina, shall at any lime, bl le- •**•• ' ■" vcjualljr goof) market ahould be found be aflbrdtvl from ibe fund for Internal Improve-gal
process or otherwi-e. deprive tlie l», t.-r-burg \u',,m' ■",| reiidt r u, independent of that less OieM, Whatever Other impiovemenis we may
Kail Road Company of any of the privileges and bbe'ul npirit nad pollCl on the part of Virginia, in lime procure, good roads tor ontiuary trans-
I which pi-rradrs tfafotalUttf on which 1 have pnrtation and travt I can never Cease to he use-
1 been coinmeiiiiiig. it is therefore recommended lul to ibe great mass of the Community
ihui ilis Bond be encouraged, «by the grant ol n Whether or notvau shall esteem it wise lo ad-libernl
charu-r. and by any other nil -vliat Ihe D|H any of those recommendations, 1 irusi no con-
UOMlStara may deem cx|iedieiil. aideraliou will induce a longer delay W directing
There has been much ducuasion recently m M Agricultural, tieologica! and Mmeralogica
tori in fee. ut a fuir rate of purchase.
Such mlorinalioii.il. respeel tuthe tVinteniiary
system* a> it was in my power to procure, WSJ
published in the newspapers nf '.he Slate, previ-uus
lo the lute election, in nccordance with the
Act on that stfLiect, of the laal Legudsturr. As
the decision of the popular vote is understood lo
have been agt:m*'. the esiabhslimen'. ot such ea
those remaining lands appointed by Law has expired. This isprobabl.
, wno ibaJJ be pronria* tPB|*OjHame not so much to theirdellnquencyi as to
ibe failure ot she School Commiitees in the d>»
lrict«. to raroiafa r-ports required o( them. In-deed,
aa might le expected, in a miner depend-ing
for success, quite as much on idmMatratHm,
a;' Legislative direction—a mutter new to our pop-ulation
and our authorities, there ore at present
ton little intelligence, uniformity, and eflicwncv.
iu the execution of th
resignation) of the Hon. WILLIAM II, HAYWOOOI
■Jr., one of ihe members ol* that Unly front law
State. A day hoeing than been fixed fct th«»
adjournment ofCongress, and near ni hand, t dij
not exercise the Constitutional power of the Kte-entire,
to appoint a aucceaaor. Tho term, for
which the Hon. WILUE I*. M.INCIM. the other
Senator from North Carolina, wa« elected, will
expire on the lib of March next, it wdldevolvo
on you. therefore, lo fill both vacsueies.
U is, also, well worthy of your consideration,
whether the existing arrangement of Districts for
the election of M» IIIbeIS to life House of Kepre-aentntivea,
la SCCOmm idaled to tho jiubltc con-venience,
in unitiug those of comiguous territory
and suniluriiy ol interest, or accords with the
fundamental principle ef a Republic, that a ma~
*d jori'y of the People should bo allowed lo elect
"" their own 1* -presenlalives.
Si.ce the last a-Jjourdment of the Legivlaiure.
i such changes have been wrought in our National
Aflair*, ni fi require a brief observation. The
Untied States have becoms engaged in War wuh
a neighboring Republic, weakei and Merits in
ull the elements of National gnatmss, but suit
not a ooniemptlble fov. While we fervently unite
in the desire, thai our Country, in her intercourse
with foreign naiionr, "may be always in ihe
right." and readily render our loyally and duly
to make her ui ways successful, M right or wrong,"
a is alien to ihe character of Freerneo, to/urbear
eocjuiry into the nece*jnv *hkh demands a resort
lo the last al'.ernaiive of Nations, or into the con-duct
of the agents by whom il has been produced.
By an essential of our Coaslitution, all
first instance, to bo
ion iiscY, which a
to pay itscosvaand feel its calamities. That Mex-ico
had relinquished her right lo lul umbrage at
r conditional recog-f
Sceihoi lI ILo..w.. |\ t appears "VJ unesseentwial provision p,i o,-ui
t.* nfirrsii m,.„o.m.„en..t., ithi!a..t II <C•oin- q■u e.•stio.ns■.o_f -Wi ar aure, ,m, iba»S- n
cS^cih.»o»olis^ .s»h.»ou.lMd Ibe appoin'.- subJiected to the Wi.ll o the Na-.i f . . ,
advantages of its cliaiur, obtained frumi'.hai^iate,
for any act done, or omitted to be dune., uy Un-said
Company, or by any means whatsoever, pre-vent
the said Company from conducting their Op*
•erations, »n so much of their Had iioad as iies
witbio the Stale of North Carolina, or uuy port
thereof, by reason of any aci heretofore done, or r,'C8fd l"an <'«ll»««'
omitted to bo doae by said Company, then all the g°«* °f **"> Buw*
of toih of the existing Kail Survey ofthe Stole. ~Three-fourths of our sister change so obviously just and uerdlul. Not only
u a janciiou with those of States have now in progress, or have furnished are the lives, health, and comfort of the Judges
righta conferred by thnt not,oa?tim*Mmbnsera of •South Carolina. I ivould'grsitly prefer 0 Road like examinations of iheir territory! And iu ev- deeply concerned in the measure, but the suitor;
the Portsmouth and Roonoke Rail Koad shall frum FayetleviNe to Salisbury or Charlotte, and ery instance, it is believed lhal they have nol «n- witnesses and jurors, being also subject to th
Institution bunt, it is deemed unnecessary lo lay loaae, therefore, of lh
before y^u. the plans of buildings for such prisons, lOUWOOau* of Comnmn
thai have been obtomed from oiher Slates. ed, charged w nh vke supeiintendence ofthe sys-
The present requirement of law, thai the SO* tem throughout ihe State, iml devoting his whole < - . ,
luiiin terms of the Superior Courts m lbs lajwtf lime and attention in imparting to ii sifOf and use-; annexation ol reins, by l ^
secuon of ihe Slate, shall be held oi a season, fulness. The ■object is of sufficient weight, es-' 'i J- i indlM,,fnd*?nc« « lnal RepuW'C. «nd
nbenaicknen generally prevails in that region, peciaJly iu the uifaniile stage of th«M inairtutions.l ft* dJi'J"'nar,c ""W connected therewith;
ia a grievance w Inch has been long acknowledg- lo engage the best talenta and mo.t exulted patn-. , al thtf charac-erisl'c obstinacy of their race, and
ed, but hitherto no remedy has been provided.— otism «l the country. i ll"' **XMPcral,on of fetling from ihe loss of 80 val-
It is hoped, that your present asmiMO may num- In many of the Governments of F.uropr, ih- ' S?" a tp'r,l07' m,?,hl bjee ultiinntely led lo a
ber among other acts ol public b-eue licenee. 0 Minister of i'ubltc Instruction r-.oks with those of' War;may u
l
e
1
adl,,,lt«d- °ur Congress, however.
War. finance and Dinlomacy. their equal in di - •»™,V edu'envored lo remove all causa of ho»-
nity, piner..h.«a|p-.s. ImIIoUrIeI mthaann iInhetiiir MraOna.l min uuss-tu'ilunieliarus.. i l,hl.>'.,°?i ,tt^ 0CCI O,UnI' ^~ m!*»"**.&"fca** a dw>
In th,m- Btiu, of our Union, m whicb ESuUUon R",ed ****?&***!" . '*"''*ai «««*•• ">
■di»- h.un,o»f»i.T«....|y p,e»,!lod,.nd1n «•(,,< h. from!1118 '"Y •« * Ann*Mtion. and gir.ng awur-
«Me MklW deleVmined, until Ita SlM. rf North lh'"« l'in'l"'ing South C.rolmn, towards Cm- iy'nddVJ t'o ' the" ir«fur« «T'ScieM,,' LnTliavv •■"'■» "! *J ''••M" O",1 f1"""- 'ho "l»"»'»l'»- 'I".' ptlorily of th.- •*M.m. liter* would ,^m to i """ ™ 'l"" :'""'!," ,".""' JfiSJifcfc J*
•C.rolinr, .hi: 11 r»in«.te the IVtrr.burg Roil Hoatl dm, lo i-ilher of QM Co*M>IOUt prouowd. But bun mi l.-d with imt.ortont. and owfuUncove- *• «*■«*»»«• « Jm|'fdcd ond delayed, lur wool U-Ibe lea.i ecciniin for such ■ ••pmfiioil, II _ iCSFElZSEkmMmXZXiTI p '
Company in all ihe privtlegr. granu-d Ihetn. in ' ""« ,h« Sl0,e ■ »<" •" P<»»e3»ion ol mean, lor nn, UoU, K.lver. Iron. Copper, Coal, l^m- "*»»• •• »»q| alteration. """ «• «• * Wllk-d poft.1 of policy, to ktrp In i ■"?• S.^,,, Comiiiander Z, ,'?l, I .A " ■ *. '. - ft. .• . - . . .k- *.-...«...:«. ~c..i. - i. i .t ... ... I.. «Mint.ii.« wi.i. ih., .i »«»MMMU ... .nna mmA-mm* «»«, rheir Common Schools ' .»iiinari ^ommanaer m"relv,our Army
ai;.l z.al in lltat de- WM maJ' """kl' P""ession of llw whole T^
partnieilt. wbowUlIM ond elier;y H* dtfOMd nJEJS, '" T^°^' --' ~"^" ^* VMmJ"^m"
meaning of this clauae,
set-sns to le a settled
ihe several acts passed for "their benefit by the llw conatruction of such n work, and the mdiv-d- bogo, Marble und'oil.er Limestones, ihe 6nesi vu- In conjunctiun with ibis, u is commended to luperintendenee over
said State, or until the Legislature or Vinku) i ■* «*• ■»#•*? ^WpOscd to patronize it preh-r r.el.ea of Stone for buildins. of Marl and other your dni|uiry wlieiher all jurisdiction ol Plena in fomo ciiu-n ol tried ability
shall otherwise direct" To apprehend the lull :'the*nore direct hnvi.so ns rather 10 compete for materials for manuring, ore olreody known loci- »»«'Coumy t_uuns may not be .with advantage
, it must no:^ be overlooked. ■ travel, ihnii to <uTord faciliiiea for cumnieaov and ut in raiiuus sections ol the Stale; and a further "Wished, nnd iho.-e Courtsi bo permitted to re-
■ that both the JVlcraburg and I'ortamouth Kail "gnculture, 1 perceire no objection to mating exploration cai.nol fill 10 bring other resources lo '"ul" "",' for P«*JH«Wil"f i robate and County
Roads lie partly io North Carolina, sod iheir h- charier* l0 }»• potrona of the projected Works, light, and grimtlv favor ibe pursURI ol* Mining ■ «"»•Wl™ d ***** * Ul a •J**1" dil>' "' ''',c''
siieciive Companies exercise snd enjoy all their bulu liom tt ilmington ond Kuyetteviiieto Booth and MauulaclurHig—pursuits of ii..iniieudvaiiU;?e "•"•"'I'- By •ubstllUting fcl the present ayatern
rights and privileges on this side of ibe lmu,,uii- CaioUs, leaving to individual enterprise to de- ,„ a people having so few fejCJjiltei of Iranspona- ofCounly and Superior Courts, wnb six term, in
der charters from her Legislature—thai th- last <Ot»MNJ ihe success of eilhcr or of bulb. .Neith- t,l(Il U3 ourselves. While a minute examination the year, tr.ree terms only ol the Buperi rOou t
named Company were sued by a Creditor, iu on *'r W,,U,J •*«••" for enough through our territory £ our soils, by persons uniting science und prac- *'eld by ludffea learned in ihe law. ai
Re
I, ond we ar- thus involred in
f h innr—the CoOsthutlOoul Ue-owo
Gici rnrneni, never having
uealtofortefortheCouotiy india-
Oltuiuiliem
i a punt <
\ partment of our
! aothoriZ'-d nnaji^
! pute. nor defined any objects*, f"r ih
action al law, and after judgment, an etmOUtion | ,0.'®w* ai,Y t'ri'all>' increased focihty to our lical skill in Agrioollur be producuve.of nieiil would b
WWlevied 00 that tecliou ul Us Hood, running WnW'MiojroiilgtO market. Or odd much to the improvement in that useful branch of industry
through ihe county of N«sihumpion. a sale ond bwinsas ofonf Hading towns, while either would and must dignify and vieVOtfl it in the general us
purchase took place by virtue thereof, and the
Supreme Court affirmed ihe sntne, to \be esttent
• of conferring on the piKchosur-ihe legolnriUi -;i ihe
bind ond lixlures of ibe read, bnl not the (rancher
of iranspori-ng thereon. In ibia cundiiion, lbs so*
-quisnion was cf so little value or uiiluy, that Use \ "™ u,,d lhl" Atlantic, under iheir
advauinges of the road -would, in oil probability, A"d * **fWUSfd to les« fiom the debal
I1'
contribute largely to jwell the stream of travel on
the present Road, with which it may be jo-iied.
I'rom ihe OCttoo ol Congress at the lostSCMJODj,
there seems to be no |>rubabil:ty ut present, oi
ibe re-opeiiMig of the inlet between Albeinarte
HUS|oces.
bates in thu".
have been conlmued u the public by there-union
of ihe estate and Ir.mchrse,but lor ihe action ol
the Petersburg Company. Thai Comj any on-
U*red into a Covenant wuh the purchaser ol ibe
s* He, to pay in ins", iliiienla 8IHMHK). for pn-vent-
;n» iranaponoswo overtiw avciiuu, id much the
tille was iu him, wuh a stipulation thai tho bier
payments' should cease, wheuever tliat pun ofthe
Road should again be brought into .use, luotl.fi
words. i!ie PoVraburoCumwiny»iineliect,bouglii
from him ihe disuse ofthe roTtansouih uoad,nml
paid him a consideration Jbr withJiohUog from tin-public
the Convenience for which the -Legislature
bad auihorized its construction. The right ol the
individual party lo this agreement, thus todwpose
of bin interest, under dyeision of the Court, uj not
denied; and had ihe other.contacting party been
a natural person, it would never have beeiMpies-
•lioned. however great might be 100 inconvenience
ofthe IOJS Oi* the Itund. J*-. in my vn-w*. a cur-poroiion,
the mere creature of the Law. must look
AO its charter, for privileges' not reairiction* s what
is not authorized to it, is denied : ondbyconat-ajuence,
ihe Petersburg Rail Rood * Company, per-mitted
by its charter only, to construct a Ltaa-l
r> 'in thai Town io Us Southern UtrmiuOS, and tu
transport on the same, bod n»» right either to liar-
■ticipate iu the prolits of tranaportation on the
I'ortsmouih Rood, or to auppreaa .TansportOUun
Chereun. Regarding thb)Comcsct for llw de»"ruc-
Kion ofthe J'urlsinoulh Rood, to the end thai tin-
•other might have a monopoly ul the business done
liy both, nnd a*; such n public injury and trans•
sgression of its own corporate rigbta by the I'rlers-burg
Comrmoy, and perceiving that thai Coinpa-
4iy had made KM reports lo the Legislature of this
•SiaU-, of its operations whilhin our liiuits, as was
•Clpfesoly required to be periodically done, by the
Act of a'sic/eniion, i directed ihe Attorney Uenersl
•to file on Incurmaiien ngaiosl ihem m the 8u<
jireme Cuuu, and ahow cauae wh\ iheirchuru*r
should not be d* flared forfeited■ At Ihe last
'IVrm ol that (*. m, judgment waa tendered in
this case fur tin deh ndont. The o| unwii announ-cing
ibis decision is accessible lo you, and to it,
you are referred, to d.'iernum whether any new
process shn!! be instituted in the premises, or
whether uuy new Legislation be needed, to pro-rent
mischiefs m like caaei n»i the future.
It was while this Inlorination was pin lin|
the CJeOefOl V- mid) ol V'irgmiu, nude then
•• ■ ii . •
Ihalltw in.j.cibud mil, red prrjudrC. from held bv llw Stale for purchase. olChemkee land.. UlM concerned, and ihe leu accumulation olcoiia di.iioje of some met, al public uie, if not other-: ■MdnM a va.l inerVMO in ibe imb'.c expend
>rt
eerC
»t be.
atiuu
rd to it. by aowe liieml
trjis ol the United Stales, Tbia
tl n*vn by me. bul will clu-in
nub a view to further uetHW
body,
die lust te|
ui ihe Emji
repurl has
your I'lnm
<n ibe s»il j1 cu
In conformity to the Etesolutian ut ibe tost Ses-sion,
tin* Mortgaireui helrl by ibe Stole, on the Club*
f«-t and I Ijr.owV. ('nek Ca lal, connecting Neure
lliv. r with UvBulort Harbor, were foreclosed;
si d a s iii* being decreed, the I'ublic Treasurer,
.it ni\ reuueat,al'.-.iided and bid ,a LheCounllorthe
Suite, Ii will BOW devoTVa on you, to givedireC"
lions f'r tho lUlure d.sposal of II. Boats of li^l.l
droiighl ret I'ass through it, und nlihough ihe
lorks ure decayed. 1 jtresume, fur a reasonable
expenditure, il p/uy be made pnmuble for sea-gomg
vessels, sufficn-tit in I0e foi the coasting
trade. Uniting as it does ibe best Harbor uu the
American const, Oeltt Ten Ihe Capes of Virginia
nnd Ihose ol Florida, with our interior waters.
I dm m il prwfvmlile tl.ut u shall b« kepi and mi*
proved bv iheJJtote, l'ut if no npprojiriation be
made fof its •iiapruvrm-.'itt, let :t be disposed of to
a Company, or mcUriduoh with some itipolotion
on l'..e (..lit ul tlie purchaser, to keep it in Order
lor Navigation, ana to allow its use lotbepublK
for lair couipeiuuu in.
A Canal from Lumber River to Cape t'eor LmiJs was, ihere I
Itivti, bus lung bei II in contemplation by ibe r.il iron.-, and tl
petmla iu dial ijuarler. and Us obviuUfl advontagi s,
•froan an lOSIWClmn ol the map, ought to ensure
i«r u ai lea*i a liberal Act oi incornoraiion.
More than thirty years ago, Companies were
mcor-iuraud fur '.lie improvement ot the Naviga-
" tile larcei liirers ol the State, nnd an
Kng\« er was uniployed, lor o cmiaideraule time,
in i»al!%ul Su.veyt, preparuiory to ■ general eye-al
Inipiovi-iiieut. I Iw ntjj: to e |Uw a
e nOW revewed, sC.ltCi iv nilj
conteinplab-d were rompleted,
fed Companies, except .n the
il Cape Pear, have lo^^
'OsiT — i 'i late, a riiaposi-ihe
pi-ojil,- of these
■anon of Ncuiv
irtaiii no doubi. thai
•era which are am-i.
- II IT, ana <iw
. that it nta)
. . . . .
tec ui
Agreeably to the Act of the last A'.-s.-iuii, en'.i-tfod
" An act BtOM nloCtually to secure the debts
flue for Cherokee Hmds.ood mdoeihtotv the codec-lion
ol the same," a Uoa;d ul Commissioners was
constituted to make enquiry as to the solvency ol
the i.bl
tilroduced lar lets expensive t«j
und the parties in legal controversies;
•iter despatch and correctness wank! lu-ll
the iidmuirstrotioii ofllie law. Such
angi! would 0 «|uire some addition i»the preo-uumber
of Judges, to whom salaries must
U be paid, but this would be incoKSideio'-L-,
Compared to the poymonls now niude to Jurors
and JumiCeO-OtUMlliug four c«ur s I year in the
itt-x^i
u chai
ent
the observance aid study of ibe system, earning I J?y
lh- Schools in Oonoua sect^ns, and s« counsrltrng
und dirvming ibe whole, oi lo produce tb'* fr'-nt-eM
nmouni ol benefit. Our experience, thus far.
ol the opposite course* urwea ihe necnasiiy of f-d-lowiug
ih< irciomplo. The Uerary Fund albrdi ol whu '•,,l ■J0-1 ■»"' »*«<^- While our arms
ihe meons of rvotonibh- eompeasalino for such I nrc 5,-ua'i*i
,d h1 v r" ■ <**rthy ofthe ffition's
service, with bum-light abatement fhnn Urn 0* reDi.0T?*? ,i.*'1"' *1'1? ,l'" I*00"1 » fndy to
iuoont, annually dis-r.buted. uphold ibe bouor of our Hag at any sac-ihce.it
. , ". , ._ , still r>Min". ■ a in oiiein. (- nuertiou. und
S>P|].citons bnve been made to the B-ard, to iBtinutionr, whether t
orcnaae some pnnions of i»ie Swamp l/Sndi | A^A
il :». h\e 4inte. and ptrminfogaofnoScboof
Enrci
min
I**Ulld.
•sue
iade
;nr> who were principals in the bonds various counties, to oof nothing ol the lnm**pared |, pre
But their AgvnT, who has instructions in
to terf.s. has reported mrss*,* rrt<ja!ly
Ii is in cot* emplat ion to visit these lands
Mine of the next year, and if the drair.age
d as efleCtUol an h<is boon expected, to
is i| leriion, under our
oigre^tfcaa be suj*ers«-
in Mie power 11 make War, and the authority
given to the Executive, only to effectuate the
Will ofthe Legislature, can be used to t'eterinine
and Settle toe ueUcfuftbS Cjuntry, in matters
of boundary, oi any Other.
Dot, with ihe war actually enisling, ond de-
The said Board reported to DM us ihe result of o
big and luUtnous invesiigiit.on, •operate lists of
those found solvent nnd insolvent accordingly.—
A-.id loose principal debtors, who were reported
insolvent, having surrendered ihe Jar.ds, lor the
purchase of which said bond* were executed, roto
the posseasion of the agent of the Slate, and hoe-ing
severally executed and defivvfuted la uie deeds
ol surrender und release, declaiming ull light ond
under such purchases, and to there-iinbursemoni
ol any monies punt en account thereof) by virtue
oftho power Seated ::» Hie by said act, I made an
order nn the Public Treasurer, directing the
bonds in all such COSUS. to be delivered up io the
Bgenj nl the State, residing in Muion CoUllty, lor
eoocellation. 'J'bia order dated the 3d of April
last, embraces a list ol bonds amounting ic -lb.'
aggregate :o the sum oTSIfttttflS it*-1. In consid-eration
of which, the .Slate buCSIUU re-u:Tes!ed
with title nnd possession of rhvv-mds surrendered
as before stated. Aa n full yeOf was io eloiisu be*
tween ilia time u hen the Staiv*a agent was put in
|H«sesaion of these land.*, and the rise of the Leg-islature,
it was considered besl fur the public in-terest,
as well M fm the persons surrendering, thru
they should be restored to possession of ibe lands
ostenoms ot ibe State. The agent of Cherubeu
instructed lo class ineseve-ui:
provemenu lor twelve
months, inking care m givu a prefemnewto the
late owers, nnd requiring only modexotu nuioubU
lur ihe rent, but with a sttiMjilaUttu lur returninc
on the losing ponies from greuter expedition in
ibe termination ofcooseo* If all law DUIIS could
be ended in one. or at mo»t, \wu years front their
cominemsomebti iustood of being, us they often
are, transmitted isom Htlbor to son, loaded with
costs far exceeding the value of'.he original bwV
ieel cl conivst, il would bo a rufunu ol the gruat-esl
iinp-.-il.iuce. The small number ufcOuaes on
moSl ol the dockets, inake-i ihe present u favora-ble
peviod for '.'.«• introduction of this system,
which has been a loptvd und highly approved al-ter
trial, in othef Stoles of the Lniou.
liy a resolution ofthe t.eneral Assembly in
I84U, ail persons holding the ollice ol Justice of
the i'ea e al ihe close of that session, who had
DOt been before suppled, were directed to be lur-anshod
with a copy ol the 1st volume of the Uo*
vised Statutes. I regretted to lear«i. that by ebo
occurrence ol an extensive lire in the lawn of
Kayelteville. iu June llMS, eighty-one COplOS of
thai work, «Inch bid been sent there for sale os
the property ot the State, were consumed. And
no others remaining si the disposal of ibe Execu-tive,
I bove been unable to furnish copies iu sun-dry
npplroouts under the resolution* As the only
wi»e. in order to promo■■• seitlemeut and culture I lur«'*l!"' iuComo bf ibe I iovernment is pot tohuz-iboron.
■ ord, by oiperimonta upon ibe revenue, iiuoi.es,
In the month of Mar 1 is', I received from the ! a,,d currency. 'The public sentiment bus Jung
War Deportment a requisition ofthe President of, •>'"« decided that the Federal Government stud!
the United States for one lteRtmer.1 of Volunteer ' b'* maininnied, in lifflU ot peace al least, by du-iofoulry,
10 be enrolled nnd held in readiness to
aid in tin pvosecuiion oH ihe existing wot .wilnue
Republic of Mexico. A general order was im
mediately issued, colling lor Volunteers by Cum.
panioSi and with n most commendoblo promnti*
Hide, more than three lime* tin number reqnin d,
tendered their service. Prom these, ten Com-panies
were drtrui by lot, to form the I! 'gimeiil.
In the absence oi any law of the Siale, relative to
raising and organizing such o force, th-- duty
seemed lu devolve -an -vac Ciovernnr, under the
Constitution* as the fixeCtttiee and Conimnnder-m-
Uhiefof ihe Miliin, to deterin ine wbo should
be accepted among those Volunteering for service,
and iu what grades. The Proclamation for Vol-unteers,
howoe *r. announced thai this determina-tion
would be made by lot iu accept ng the -v. ».-
panics; nndthoiIbeComponyOuscers would be,
Cotiunissioneil, wVointhe men thereul might elect
—leaving the Kiel I (lilicers only lo be accepted
l.es on ! -reign imports. Il may be ussuuied lo
have bano euunlly well settled io the practice of
tin- oonon, ihoi .n molting SUCfa levies, discnmin-ationa
might be ali^v.ts;', m the selection of iub-jectS
i*: revenue, u::d .n die mnounls imposed, to
ement t» the productions ol our
lustry. It .s now- declared, that this prac-hoaoiwoya
been u mischievous error; and,
tidst of lbs exigencies o! the Treasury, a
J. IUU ol ibis book Ibat has ever been published nnd appointed by the Executive.* This construe
the premises good repair us- they were v.\
till, o
in! nec
ibat lime. This was attended to by the ag
the bond.-, for jepi are in bis hands.
It will be :ui important part cl your pre:
in duvet a furibeir iliaiHnition ul ihese
-ut and
II
of II.e WOl
■ all ih<
inrtuncea of
their privileges I y
;u.n hat been ma
sections, io re-attei
and Yailw.ui l!n. :
by ine
<• m-tbechani.i
■ ' i \ i.
'
tv
ntdu-lands,
wlucvi have u^a^i bnoome the property of ihe
riiate. '1 hey were sold in !#*:;*», on credit (as to
ihr •.•leal- si part of the purchase money) nnd at
h gh | rices. 1 he purchawn being unable to pay
<dl ihvif bonds as they become due, petitioned ihe
Legislator.- for relief. Hence, the act of the lust
Session, allowing a re-CeWlon o! the b'lrgaiu, by a
aurrendei ol ibe land and rehuqujshment ol all
claim to purchase i ley therelure |»uid on ibe
one side, and a cancellation of the bonds mi the
ether, in ull cases where n should be ascertained,
that the jiup haseri cou J not dncharge the debl
Im i* u - ■
\s now exhausted, and the county ofbeen
ral new counties have not been supplied, besiJes
the demand lor Justices pf the I'euce, u new edi-tion
See ins to be reipiired. There hating now
-been added to ihiscoda the enactments of ten
more year*, snd defects having boon discovered
1 .in the original, n is suggested that u commusiou-
Kir be appointed i»» airnugoibbo addenda under the
Bpproprialu heads in the body o'" the work, or to
re-cast ihe chapters 10 which amendments have
been made; und propose to ihe next Legislature
any correction of inaccuracies or defecta, to the
end that our Statute Low may be rendered os
nple und iulelligiblo as possible
lion of duty and power in defect of any slalUti ry j
regulation, was adopted after mature considera*
tiou, and enquiring intOlhe precedents during
the Isit war With Ureul U.itaio. It hsj been act-,
ed upon by die Governors of other Stotea, hoving
no provision o*. U»w m such case, atj ooems to
accord wuh the views ofthe War Department, ond
I'residenl ol the United States. Il is, however
wisest io regulate such series "• Troops by Leg-
Illative enactments : and. therefore, il is bruugnl
giro encourag
own i
tice
in lh
Tanil ol duties, yielding W7e90G\000 por year,
has been ubaudoned m favor of a ibeon liool sys-tem,
n^t expected lo produce more, if as much,io
the end that protution may be no longer recog-nixed,
m raising revenue. IVe ore, therefore.
probably d. Mined 1^ wiineSO 0 loss in ibe reve-nue,
brought ubuui by a change aiming at rere-iuecn.'
v. We.li appro; nalioris escced«ug idty
millioiisofd *Aan per annum, and on income, less
Ihon thirty millions, o n-soit lo higher duties, or
direct laauti m, must soon Le ineiaoble, 'these
additional burthena am not likely m be meliorat-ed,
but will be ..1: with the more seventy. Irom
another eonjuiu Act ol Congees-, at ihe laatSessiOO,
ordinsnly colled the Sub Treosury Law. Oy
ihis II is required, ihut from nnd utitr the Isi day
pf January next, whatever amount ol exaction
maybe made upon the people by Ihu Oovern-tnent,
ahall be paid in guid and silver coin only, or
in Treaaun Notea of ihu Coned Stales, If ibis
law is lo be uvaded by the ofUCOfS charged with
its execution, (ai HMAaid io have been the COSO
brief
The ' Commissioners of the Literary Piind will
submit .tbi'tr ri'port of operations .for the lost two
years. Ii will be pefCeired Ibat the amuunt of
inoues no lean is-individuals, under the control
ol this IJ-.KII*.'. has been BOOieWhal reduced, in con-sequence
oi collections of principal which have [rrouaSS *TOf|Uim remark, to such
been lent to the Public Trensurer ns directed by sny c niriirsoncy with K, in praci
io vour attention. Whether you shall decide |oI m na former partial operation,) its pssssge usa
diri-ct the election of Kn-ld Officers by all thei but trifling with the public inu-lligeoce. If it ia
Volunteers, Privates os well as Officers, (as is the !l0 be executed in the rigor I its conception, it will
case ic some fctauV or by the CVmnii"iwird t »!'■ ! ueed!»'s>ly and iniscbu • eu>ly udd to the neji ->*-
Kcers onl*y, iu ceuformuy i» »ur Miliua regulotioo | r>' burthens of the < iovernment, \\ itb a pros-pect
before us ol mere.!-, i !evieo«tu he paid v,nly
the precioii* meia.s, excejif when Treasury
the < iener.il A
i persons,
t)u .
lor ordiunry urainiog ; or permit it to ihu ExcCO*
tire, os ot ismoent existing, is lubnUttsd foryoati
wisdon to douscmino*
Thctlefociirenemol our MMilia C le u too ob
y u as hovt
A thaxough
\ io] for the edu- revision no I emendntion of ii, is needed iu rea wi
be Deaf an ctise. I point your
ii, particularly, to the want of an) |
■■ ■ :. ., ,•■„-''■ ',i ry aj
Notes, tho eridence ol the Uovemmeiiis indebt-edness,
fsn be procured in their sjeod, we cannot
but welcome any demonstration nf public opinion
which promises a change «-f counsels.
In a separate commumtauoo, ihe proqress
which hm been mode in completing tbo Letter
liojk . - |,