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The University of North Carolina

COLLECTION OF
NORTH CAROLINIAN A

ENDOWED BY
JOHN BPUUNT HH.L

of the Class of 1889

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[No. 1.]
Legislature of North Carolina — 1835«^

MESSAGE

fiF THE
TO XHE

OEXERAL. ASSEIWBLY OF THE STATE,

^'
AT THE

COMMENCEMENT OF THE SESSION,
2Vovember 16, 1835.

Fhilo WWte, Printer to the Statet

1835.

J«ESSAGE»

To the General Assembly of Korth Carolina :

The duty of addressing the representatives of the people, convened to consult
for the common good of their constituents, has on no previous occasion been iq
me the source of so great anxiety and perplexity as the present. This embarrass--
ment arises no less from the peculiar situation of our affairs, than from the mea^
sures in progress to amend the Constitution of the State.

It will be some days before it can be ascertained whether the new Constitution
has been adopted or rejected. If it has been adopted, a material change in the
basis of representation, constitutes one of its most prominent provisions. This
expression of the pi^blic will, made in the most imposing form known to our insti-
tutions, will probably have a decided influence upon your proceedings. You
will not, without hesitation, venture upon any radical change in the system of
policy hitherto pursued, if it shall be. ascertained that the people have transferred
the legislative power of the State to a Department which will be constituted upon
principles differing essentially from those which enter into the formation of your
body. Whatever may be the conclusion at which you may arrive on this subject,
there seems to be no reason which should restrain the Executive Department from
the customary expression of opinion upon the most important topics which engage
public attention.

To much the larger portion of this State, the past year has been a season of
more than ordinary prosperity. The production of articles necessary to the sus^
tenance of human life, has been abundant — and our great agricultural staple has
commanded a higher price than has been known for many years. Our citizens,
always distinguished for prudence and economy in the inanagement of their
domestic affairs, aided by the fortunate circumstances referred to, are at present
probably less involved in pecuniary difficulties, than at any previous period of our
history. Notwithstanding these clear evidences of the comparatively prosperous
condition of the community, the tide of emigration continues to flow in a copious
and steady current to the new States and Territories of the West, and we are
thus constantly losing many of our most wealthy, enterprizing and intelligent citi*
zens." It is not surprizing that the univers&l and laudable disposition strikingly
characteristic of the the American people to acquire a permanent interest in the
soil, should prompt removals from an old and densely populated country, to sparse-?
ly settled regions where good lands may be acquired at low pricey. That these
causes have in many instances produced emigration from this State, is admitted ■
but >ve deceive ourselves, if we suppose that the evil is to be attributed to theru
alone. In general salubrity, variety of climate and consequent variety ofproduc?
tions, average fertility of soil, and wide extent of sea coast, North Carolina Is scarce-
ly exceeded by any of her sistef States. Other causes, therefore, than natural dis?
advantages, have in a greater or less degree affected the growth and prosperity of
the State. A very slight acquaintance with the facts, will suffice to show that a
large proportion of the citizens Avho have removed from our borders within the
last ten years, have contributed to augment the population and resources of States
more densely peopled than our own. With regard then to the latter class, and to
those who are liable to be influenced by similar considerations hereafter, it
becomes important to inquire, what causes have produced the evil, in order that
you may ascertain whether_a remedy can be devised within the legitimate range
of your powers.

When we consider that we have hut a single collegiate institution in the State,
but few respectable academies, and that no adequate provision has-been made to
diffuse even the elementary principles of educatpjx among the poor f'that there is
not a single work of Internal Improvement in progress, and no fund that deserves
the name provided for the future developement of our resources ; it ceases to be
matter of surprize that even our younger sisters munificently provided for in all
these respects by the bounty of the General Government, should outstrip us in the ^^
generous contest lor physical and intellectual improvement. It is but natura^*^^
that under guch circumstances the young, the ardent and the enterprizing among
our own citizens, should sever the ties that bind thei|i to their native homes, and
seek for a|fluence and distinction under better auspices. It affords me no pleasure
to present this picture of our condition. It would indeed be the source of extreme
mortification if I regarded it as proceeding exclusively froni our own supinenes^
and neglect. That we haye done less than we might and ought to have done for the
accomplishment of these great purposes, is, in my estimation, certain; but that
our exertions have been constantly retarded by the system of Federal legislation
adopted with regard to us, is not less manifest.

This entire subject was 50 fully dis.c|issed in my last annual message, that X
shall content myself with a mere reference to that paper, rather than an extended
consideration of it in this. It was then attenapted to be shewn, that great injustice
had been done to this State in the settlement of ouf plaims for revolutiouary ser-
vices ; that the revenue system adopted by the Federal Government had operate^
oppressively upon us, and that the low prices at which the gpvermcnt lands were
disposed of in the new States and Territories, had aftected rnost injuriously the
value of our ree^l estate. The injustice sustained in the settleme;fit of our revolu-
tionary claims, embarrassed our efforts towards improvement, at the period of a\\
others the niost in^portant, the commencement of our political existence ; and the
tariff and land systems subsequeptly adopted, far from relieving, tended but to in-
crease our difficukies. Thus stripped of resources, the history of oi:^r State legis-
lation during the first half century of our political existence, Avill exhibit little
more to posterity than th.e annual imposition of taxes amouptiug to less than a hun-
dred thousand dollars, one half of which constituted the reward of the legislative
bodies by which they were levied, while the remainder was applied to sustain the
train of ol^cers who superintended the machinery of government. The establish-
xaent of schools for the convenient instruction of youth, and the developement and
improvement of our internal resources by means beyond the reach of individual
enterprize, will seem scarcely to have been regarded as proper objects of legisla-
tive concern.

Still lesscheeringandconsolatory is the history of our Federal relations. Imme-
diately upon our entrance into the Federal compact, we conveyed to the General
Government our entire claim to territory west of this State, out of a portion of
which was formed the State of Tennessee, as a common fynd for the use and ben-
efit of the ynited States of America, North Carolina inclusive, to be applied to the
payment of the national debt according to their respective and usual proportions in
the general charge and expenditure, and to no other purpose vidiatever. We have.,
in the shape of internal .deities, contributed more than a million of dollars annually
to the national Treasury, [n return for these immense concessions, we have en-
joyed that protection which the American name extends to American citizens
throughout the wide extent of this confederacy, and we may almost say that none
other than this nominal protection has been afforded to us. During the late war,
whe^ our coast was blockaded by the greatest maritime power in the world, a Z
special messenger was despatched by the General Assembly to represent to the
General Government the defenceless condition of our maritime frontier : In reply,
we were urged to prepare vigorously for the contest, and to rely exclusively upon
our own resources, as it was not then convenient to aid us. The legislature imme- "
diately resorted to loans, provided munitions of war indispensable to the protec- ^

5
tion of the aoast, and put them in the charge of the militia of the State. The claim
for the expense thus incurred, has been for years, and is at present, before the War
Department, and has been uniformly rasisted, upon the ground that the General
Government having omitted to fortify the coast, could not properly be required to
pay for munitions of war, suitable only for fortifications. Since the Avar, a Fort of
the second class has been erected contiguous to Cape Fear, and another near Old
Top-sail Inlet, — but these are the only evidences visible upon the face of the coun*
try, of the exertion towards us of the benevolent action of the Government, eithe^r
for the purposes of improvement or defence.

If it were possible to procure precise data, by which to institute a comparison be-
tween the exactions and the disbursements of the Federal Government, from and
on account of North Carolina, there can be no difficulty in pronouncing that a
prominent cause of our evils would be rendered most apparent. If the compari-
son were extended so as to present a relative view of the receipts from, and dis-
bursements on account of some of the more fiwored States, the contrast would ex-
hibit a claim to redress which could scarcely be overlooked or disregarded. A
more favorable opportunity than the present to urge attention to these claims, can-
not arise — nor is the nation likely, at any future period, to be able to do us justice
with such perfect Gonvenience.\ That the revenue of the General Government ex-
ceeds its legitimate wants, and that the power and patronange incidtnt to it, are
dangerous to the liberty of the country, are positions which will scarcely be con-
troverted. In my last annual Message, to which reference has already been made
in connection with this topic, I suggested as the most appropriate and least obr
jectionable mode of satisfying the demands of North Carolina, and reducing in
some degree, the patronage of the Government, a distribution of the proceeds of
the public domain, upon the principles stipulated by our deed of cession. It is now
submitted as a subject proper for your consideration, and as requiring, for reasons
00 obvious to be stated, early and efficient action. This State, it will be recollec-
ted, was charged with one tenth of the entire expenses incurred in sustaining the
war of the revolution — and is therefore entitled to the same proportion of all that
portion of the public lands ceded to the General Government, anterior to the ac-
quisition of Louisiana.

A cession to the new States of such portions of the public domain as are situate
within their limits, or a further reduction of the price at which it is at present
disposed of, cannot be otherwise than deeply injurious to all the old States, and
fraught with manifest injustice and the most ruinous consequences to us.

With a Treasury barely sufficient to meet the cu*Brent expenses of the Govern-
ment, without resorting to loans, it would be idle to recommend the adoption of any
measures connected with the general improvement of either the physical or intel-
lectual resources of the country. My opinions on these subjects, have been repeat-
edly communicated to the General Assembly, and are too well known to all
classes of ti** community, to justify repetition. To attempt to accomplish
any thing with regard to either, without first having provided a competent fund
for the purpose, would have no other effect than to disappoint the excited hopes of
the public, and postpone further efforts to an indefinite period. A just proportion
of the revenue, accruing from the sales of public lands, would enable us to enter
upon a system of measures which could not be otherwise than productive of the
most auspicious results. W^ithout it, judging from past experience, little expecta-
tion can be entertained that an adequate fund for this purpose will be provided by
the government in time to meet the growing exigencies of the country.

I have, on various occasions, expressed the opinion, that it was not to be ex-
pected, in the nature of things, that any system of Internal Improvements com-
mensurate with our necessities and resources would, at any time, be effected by
individual enterprize. The attention of the capitalist will naturally be directed
to the sections of country <vhich will best reward expenditure, rather than to those

wWoH most require improvement. Important local improvements may, neverthe?
less, be effected by incorporated companies ; and if the Government neglects its
appropriate duty of providing for the wants of the whole community, liberal enr
couragement should, at leest, be extended to individuals who propose to combine
their skill and capital in an attempt to improve any portiori of the country. In
the accompanying file of papers, will be found a printed pamphlet, containing the
proceedings of a meeting of citizens held at Cincinnati, Ohio, on the 10th of Aur
gust last, on the subject of a "Rail Road from the banks of thp Ohjo river, to the
tide waters of the Carolinas and Georgia." The enterprize proposed by that
meeting, is of the most gigantic character, and contemplates a large expenditure
of capital, — but promises, if effected, immensely beneficial results to jiearly half oi
the Union. It is at present excitirig much interest in South Carolina and Geor-r
gia, and confidence in its practicability and utility seems to be rapidly increasing.
The effect that its accomplishment vvould hav? upon this State, depends, in a great
degree, upon the course which may be pursued with respect to a gerieral system o<
improvements. If the plan reconarnended by the Internal Improvprnent Conven?
tion two years since, should be adopted, the Cincinnati project would prove ^
magnificent extension of oiir system. If we determine to dq nothing ourselves,
and permit South Carolina and Georgia to compete'alone for the tpade of the valley
of the Mississippi, the enterprize, nevertheless, promises the most important ad"?
vantages to the section of the State west of the Alleghany; and is, under all cir-.
cumstances, entitled to the most favorable consideration. In connection with this
subject, I submit a communication from the President of the Petersburg Rail
Road Company, -TTT-exhibiting statements of the receipts and disbursements on that
portion of the road within the limits of fhis State, and making important sugge&i
tions in relation to its further extension within our borders.

The spirit of fanaticism, which has recently been manifested in connection witl>
one spenies of our population, in various sections of the Union, demands, and will
receive your serious consideration. It is no longer possible to conceal it, if we
would; and it becomes us, in common with the people of every Southern State,
to speak a language upon this subject which will not admit of misapprehension,
and exhibit a spirit that shall, at least, command attentioi} and respect, The ex?
tent of the operations and designs of these misguided people, will be best under^
stood by an examination of the accompartying file of papers, published under the
patronage of the Society of Immediate Abolitionists at New York ; which has been
transmitted to me by a citizen of this State for your use. This subject first atr
tracted the attention of the Legislature in 1830, when the evil was comparatively
in its infancy ; and the publication or circulation withjn this State of these incen-.
diary news-papers and pamphlets, was made a felony punishable by fine, whipr
ping, and the pillory in the first instance ; and death for the second offence. It is
apparent to all who have any accurate knowledge of our condition, that the public
safety imperiously requires the suppressiori of these vyicked and mischievous pub::
lications, injurious alike to the best interest of che master and the Slave. This, I
apprehend, cannot be effected without the co-operation of the Legislatures of the
States from which these missiles proceed. Such an interference with our domes-
tic concerns upon the part of the citizens of a foreign State, either encouraged or
permitted by the government, would at once justify a resort to the modes ordinarir
ly adopted for the adjustment of i-ational differences. If we should exercise
greater forbearance in the present instance, it is not because the wrongs we suffer
are less injurious or mortifying, when inflicted by the hands of brethren. The
obvious design and tendency of these proceedings, is to subvert the Constitution
and laws of the country ; and we have therefore, an indubitable right to ask of
our sister States the adoption of such measures as may be necessary and requi-
site to suppress them totally and promptly. Upon this question there is no di-
versity of interest, and can be no difierence of opini(3n. The entire South ' '"

, ,a. j,^u In u.c ^»iopcion 01 any measu^.o winch may seem best calculated to

insure union of counsels, and prompt and energetic action. Under the perfect
conviction, that there is no neutral ground which can be occupied either with
safety or honor, and that to delay action is to increase danger; I cannot doubt or
hesitate as to the course which it becomes us to pursue. It is therefore respectful'
iy recommended as worthy of your consideration, whether Resolutions should not
he adopted, inviting the States united with us by the ties of common interest and
danger, to co-operate with us in the adoption of such measures as may be necessa-
ry to insure our safety ; and calling upon the Legislatures of all the States, to en-
act such penal laws upon this subject, as may be necessary to perpetuate the bless-
ings contefnplated in the formation of the Federal Constitution and the Union.

The Repott of the Public Treasurer exhibits the condition of our FinanceSjj
and suggests the measures proper for their improvement, with a clearness and force
of reasoning, highly creditable to that officer. Most of the measures recommend-
ed to your consideration, have heretofore occupied the attention of the General
Assembly ; but have given rise to no efficient legislation. Whether the courst^
ursued by your predecessors, upon this subject, was the one demanded by the pub-
ic interest, it is Scarcely necessary to inC[uife. If the proposed Constitution shall
he rejected, it is certain that you have no alternative other than the diminution of
the public expenditures, or the increase of the public revenue. If it shall be
adopted, though the necessity for the consideration of this subject may be render-
ed less absolute, it will remain equally prudent and proper.

In the accompanying file of papers, will be found a comrnu'nication from the
Governor of Kentucky, soliciting an exchange of law reports between that State'
and this : A similar application upon the part of the State of Maryland, was
communicated to the last General Assembly. Reports of the decisions of the
Supreme Courts of Maryland, Kentucky, Indiana, Illinois and Missouri, have
been received af various periods from the Executive Departments of these States ;
and have been presetted in the Library belonging to the Executive Office. As this
Department has no authority over the subject, it becomes your duty to adopt the
measures whii',h seem to be demanded by the courtesy of the States referred to.
An interchange of the Statute Laws of all the States, has existed perhaps frora
the foundation of the government, and seems indeed to be essential to enlightened
legislation. The reported decisions of the Counts of the Several States, would
perhaps be equally important to the Judicial Department of the Government, and
would certainly constitute a valuable addition to the public Library.

I have heretofore suggested to the General Assembly, the propriety of revisin*'*
the laws; regulating the duties of the Public Printer ; and beg leave to commend
the subject to your consideration. The compensation allowed him for any other
than extra work, is altogether inadequate ; and as a natural consequence, the
laws are most inelegantly and^inaccurately printed. It is made the duty of no
one to prepare indexes and marginal notes, or revise the proof-sheets ; and nume-
rous, and in many instances, material errors have found their way. into even the
best editions of the laws. Some more certain and definite principle, by which ta
determine the amount of compensation to be allowed for extra work, should also'
i)e prescribed.

The death of the Honorable Henry Seawell, has created a vacancy upon thd'
Bench of the Superior Courts of Law and Equity, which it will be your duty to
supply in the progress of the present session. The Judge died during the week
designated by law, as the term of Wake Superior Court ; and at so late a period
in the Circuit, that it was considered inexpedient to convene the Council for the
J)UTpose of appointing a successor. His illness occasioned the loss of Johnstori
and Wake courts ; and his death, those of Franklin, Warren, Halifax and North-
ampton. Casualties of this character, how much soever to be deplored, are of-
fen inevitable. It would seem to be at least worthy of inquiry, nevertheless^

Tvhether the frequency of their occurrence might hot be lessened, either h^ chan^
ging the periods at which the Courts are required to be held, to a later period ot the
year, or so far as respects the circuits oh which difficulties of this character have
most frequently arisen, by merely inverting the order, so as to begin in the healthy
and terminate in the sickly counties.

The crowded state of the dockets in some of the large Western counties, is such
as to amount, in some degree, to a denial of justice ; and calls loudly for a remedy.
Perhaps the best method of redress, would be the creation of an additional Cir-
cuit ; and the extension of the term to two weeks, in cases where the accumulation
ef business requires it.

A Report from the Commissioners appointed to digest and revise the Public
Statute Laws of the State, which will necessarily engage a large portion of your
time and attention during the present session, is in preparation, and will be sub-
mitted at anearly day. The vacancy in the commission, occasioned by the illness
and consequent resignation of the late Gavin Hogg, Esq. was, in January last,
supplied by the appointment of Frederick Nash, Esq. of Hillsborough, who has
been, since that period, assiduously engaged in the discharge of its duties.

Duncan Cameron, and Alfred Jones, Esquires, two of the Commissioners ap-
pointed, by an Act of the last General Assembly, to superintend the re-building of
the Capitol, having declined the trust, the appointment was, oh the 21st of July
last, conferred on the Rev. Doctor McPheters, and Doctor John Beckwith, of this
City. The Report of the Commissioners, which will be transmitted to you at an
early period of the session, will exhibit, in detail, the progress which has been
made, and the exp'nditures which have been incurred in the execution of the work.
My term of office, as limited by the ConstitiUion, will expire before the brief
period allotted for the discharge of your duties v\-ill have passed away. I trust I
may be permitted to avail myself of this last opportunity, before I retire from the
active and responsible duties of public life, to comparative quiet and seclusion, to
express the deep and grateful sense I entertain of the unwavering confidence and
kindness so frequently manifested towards me by the people of North Carolina.
In every relation of life, in .vhich it may be my destiny to be placed, my most
fervent aspirations will arise to Him who controls the destinies of Nations, as of
individuals, for the preservation, in their purity, of our free institutions; and the
advancement of our citizens in every thing calculated to promote their prosperity
and happiness, and add lustre to the character of the State.

DATID li* SWAIi\<

Executive Department, North Carolina, }
November 16/A, 1835. J,

[No. 2.]
Legislature of North Carolina 1835*

REPORT

Off-

TSm JPUnijIC TRB^ISURER^

STATE OF THE FIIVAIVCES^

e»

Transmitted, according to Act of Assembly, on the \&th Nov% 1835.

RALEIGH :

9HIL0 WHITE, FBINTER TO TBB STAI^^
" 1835.

TREASURY DEPARTMENT,

November IQlh, 1835.

SIR :

I have the honor herewith to transmit to you, to be laid hefore the

General Assembly, a Report, prepared in obedience to the Act of 1827, entitled

" An act concerning the Public Treasury."

I have the honor to be, with gr'^at respect, Sir,

Your obedient Servant,

S. F. PATTERSON.
The Honorable the Speaker

of the House of Lommons,

REPOUT.

Treasury Depftrtmettt.l

November 16/A, 1835. 3

To the Honorable the General Assembly of the State of North Carolina:

In obedience to the directions of an act of the General Assembly, passed at
the session of 1827, entitled "an act concerning the Public Treasury," the Pub-
lic Treasurer respectfully submits the following Report :

/. Of the Public or Unappropriated Revenue and Expenditures.
The balance of cash in the Public Treasury on the 1st day of

November, 1833, was ..... $57,877 24

The receipts of the ensuing fiscal year, ending on the 31st day of

October, 1834, amounted to - - • - 202,127 28

Making an aggregate of - - - • - 260,004 52

The disbursements during the same period amounted to - - 191,571 11

Balance 1st Nov. 1834, as reported to the last General Assembly, 68,433 41 |

The receipts at the Treasury Department for the last fiscal year,
that is, from the 31st of Oct. 1834, to the 1st Nov. 1835,
am.ount to one hundred and fifty thousand, one hundred
and nine dollars, and fifty six cents, (8150,109 56) and con-
sist of the following items, viz :

Cash received from the Sheriffs for public tax of 1834, being the
ordinary revenue payable into the Treasury, on the 1st Oct.
1835, and not specifically appropriated, $71,740 93

Cash received from sheriffs on a>?count of additional

returns of taxes, (see statement A.) - - - 428 19

Ditto Bank of Newbern, for dividend of 10 per cent on
1818 shares of the capital stock, declared in Au-
gust, 1834, ....-- 18,180 OO

Ditto Bank of Cape Fear, for dividend of 3 1-2 per
cent profit on 10 shares of stock unappropriated,
declared in January, 1835, - - - - 35 00

Ditto Buncombe Turnpike Company, for dividend of
1 3 per cent profit on 50 shares of stock, declared in
Jan. and Oct. 1834. 650 00

Ditto State Bank of North Carolina, for dividend of
profit of 2 per cent on 2768 shares declared in No-
vember, 1834, 5,53G 00

Ditto State Bank of North Carolina, for dividend of
8 per cent on 2768 shares of the capital stock, de-
clared in March, 1835, ... - 22,14400

Ditto Bank of Newbern, for dividend of 1 5 per cent on
1818 shares of the capital stock, declared
April, 1835, ... . . 27,270 00

Ditto Bank of Cape Fear for dividend of 5 per cent pro-
fit on 10 shares of stock unappropriated, declared
in May, 1835, - ..... 50 00

Ditto ditto" for dividend of 1 per cent profit on 1 0 shares

of stock unappropriated, declared Jul3^ 1835. 10 00

Ditto Bank of the State of North Carolina, for interest
on advance payments, made on 300 shares of stock
owned bv the State, - - - - 621 38

Ditto Bank of the State of North Carolina, for dividend
of 2 1-2 per cent profit on 300 shares of stock own-
ed by the State, declared in June, 1835,

Ditto Bank of the State of North Carolina, for tax of
25 cents on each share of stock owned by indi-
viduals in said Bank, .....

Ditto from Rich'd D. Spaight, being the amount of two
days pay as a member of the Legislature, over-
drawn through mistake in the certificate at last
session, .......

Ditto from Miss E. E. Haywood, for rent of public lots
for the year 1834,

Ditto from H. H. Cooke, for his note given for part of
the Bushy Branch tract of land,

Principal 8201 00
Interest 12 06

Ditto from Rufus Haywood, for his bond given for
puchase of part of the lands of the late Treasurer
Haywood, Principal $148 33

Interest 66 67

750 09

2,250 00

6 00

10 00

213 OG

215 00

Which, added to the balance above stated, will make the sum of
The disbursements at the Treasury from the Public Fund for the
same period, that is, from the 31st Oct. 1834, to the 1st Novem-
ber, 1835, amount to the sum of .....

Which deducted, show the balance of cash remaining in the hands
of the Public Treasurer, and for which he is accountable on
the 1st day of November, 1835, to be ....

6150,109 56
218,542 97

171,686 67

846,856 30

The disbursements for the year, as stated above, and deducted, consist of
lotving general items, viz:
General Assembly,
Rebuilding Capitol,
Judiciary,

Executive Department, -
Treasury Department,
Department of State,
Comptroller's Department,
Library Fund,
Contingencies,
Sheriffs for settling Tax,

Do for compaj n^ Congressional Polls,

Do for making Convention returns,
Convention, - -

Public Printer,
Pensioners, - -

Adjutant General's Office,

Treasury Notes burnt by committee Finance, session of 1834,
Bogue Banks, ....
Governor's House,

the fol-

$40,981

70,000

26,201

2,600

2,000

1,166

842

515

7,498

995

,50

497

966

10,117

900

1,040

200

5,138

$171,686 67

The Statement usually furnished by the Comptroller, for the use of the members

of the General Assembly, will be found to contain a detailed exhibit of each and

every individual disbursement made at the Treasury Department, during the past

year. It is, therefore, respectfully referred to for the particulars in each of the

foregoing accounts.

// Of the Literary Fund.

The balance of cash in the hands of the Public Treasurer, as Treasurer of the
Literary Fund, on the 31st Oct., 1834, as reported by him to
the General Assembly of that year, was - - - - 819,403 99

-The receipts at the Treasury Department, of money
belonging to this fund for the last year, that is, from,
the 31st of October, 1834, to the 1st Nov. 1S35,
amount to twenty-nine thousand six hundred and
seventy dollars and seventy-two cents, (29,670 72)
and consist of the following items, viz :

Cash received from the Bank of Newbem, for dividend
of 10 per cent of the capital on 141 shares of stock
owned by this fund, declared Aug. 1834, - - 1,410 00

Ditto Bank of Cape Fear, for dividend of 3 1-2 per cent
profit on 704 shares of stock appropriated to this
fund, declared in Jan. 1835, - . . . 2,464 00

Ditto Bank of Cape Fear, for dividend of 3 1-2 per cent
profit on 50 shares of stock, owned by this fund,
and declared as above, - - - - 175 00

Ditto received from the Cape Fear Navigation Compa-
ny for dividend No. 1 0 of 2 per cent, declared xMay
2Sth, 1831, received Jan. 1835, - - - 566 14

Ditto State Bank of North Carolina, for dividend of 2
per cent profit on 282 shares of stock owned by
this fund, declared November, 1834, 564 00

Ditto State Bank of North Carolina, for dividend of 8
per cent capital on 282 shares of stock owned by
this fund, declared March, 1835, - - - 2,256 00

Ditto Bank of Newbern, for dividend of 15 per cent ca-
pital on 141 shares of stock, owned by this fund,
declared April, 1835, - - - - 2,115 00

Ditto Cape Fear Navigation Company, for dividend No.
11, on the shares owned by the State, and appro-
priated to this fund, . - . . - 650 00

Ditto Bank of Cape Fear, for dividend of 5 per cent
profit on 704 shares of stock appropriated to this
fund, declared in May, 1835, - - - 3,523 00

Ditto Bank of Cape Fear, for dividend of 5 per cent
profit on 50 shares of stock owned by this fund,
declared as above, .... . 250 00

Ditto Bank of Cape Fear, for dividend of 1 per cent on
704 shares of stock appropriated to this fund, de-
clared in July, 183.5, - - - - 704 00

Ditto Bank of Cape Fear, for dividend of 1 per cent on
50 shares of stock owned by this fund, declared as
above, 50 00

Ditto Bank of the State of North Carolina, for interest
on advance payments, made on 1200 sh'"' -^ of
stock in said Bank, subscribed for in behalf of this
fund, in May, 1834, - - - - 3,106 80

Diuo ditto lor in tt-r est on un advance payment of the
4th instalment, on 2 iO shares of stock subscribed
for in behalf of this fund in Jan. 1835, - - 93 70

Ditto received from the B-ink of the State of N. Caroli-
na, for dividend of profit of 2 1-2 per cent on 1550
shares of stock owned by this fund, declared in
Jaup, 1835, 3.875 00

Ditto Ditto for dividend of 2 1-2 per cent profit on
76 shares of stock owned by this fund, subscribed
15th July, 1835, declared in June, 1835, - - 190 00

Ditto Ditto for dividend of 2 1-2 per cent profit on
40 shares of stock owned by this fund, subscribed
2nd Oct. 1835, declared as above, - - - 100 00

Ditto for entries of vacant land, .... 4,541 30

Ditto from sundry AuctioncL-rs, for tax on sales at auc-
tion, - - - - - - . : ; 546 84

Ditto from sheriffs, for tax on retailers of spiritous li-
quors, - - •• 2,492 88

29,670 72

Which, added to the balance above stated, make the aggregate sum of 849,074 7 1

The disbursements from the Literary Fund, during the
foregoing period, are as follows, viz :

This sum paid Charles Dewe)\ Cashier of the Bank of
the State of North Carolina, for 240 shares of
Stock, subscribed for on the 5th Jan. 1835, 24,000 00

This sum paid do. for interest on deferred payment of do, 398 47

This sum paid Win. R. Hill, for his services as Sec-
retary to the Board of Directors of the Literary
Fund, for the year ending 31st Dec. 1834 - - 20 00

This sum paid Charles Dewey, Cashier of the Bank
of the State, for 110 shares of Stock, subscribed
May 4th, 1835. 11,000 00

This sum paid ditto for interest on deferred payment of

ditto, 342 67

This sum paid ditto do, for 76 shares of Stock, sub-
scribed 15th July, 1835, ... - 7,60000

This sum paid ditto, for interest on deferred payment of

ditto, 321 66

This sum paid ditto do, for 40 shares of Stock, subscri-
bed for on the 2d October, 1835, - - - 4,000 00

This «!um paid ditto, for interest on deferred payment

of ditto, 224 83

Making an aggregate amount of $47,907 63

Which deducted from the amount above stated, leaA'^es a balance in
the hands of the Public Treasurer, as Treasurer of the Lite-
rary Fund, on the 1st day of November, 1835, of • - 1,1-7 0''

/
/// Of the Fu7id for Iiiiemal Improvement.
The balance of cash in the hands of the Public Treasurer, as
Treasurer of the Fund for Internal Improvement, on the Blst
of Oct. 1834, as reported by him to the General Assembly of

that year, was - 6'3,539 42

The receipts at the Treasury Department, on account of the Fund
for Internal Improvement, for the last year, that is, from the
31st Oct. 1834, to the 1st Nov. 1835, amount to fourteen
thousand seven hundred and thirty-six dollars and seventeen
cents (814,736 17) and consist of the following items, viz ;
Cash received from the Bank of Cape Fear, for divi-
dend ot 31 per cent, on 1358 shares of Stock ap-
propriated to this Fund, declared in Jan. 1835, 4,753 00
Ditto from ditto, for dividend of 5 per cent, on 1358
shares of Stock appropriated to this Fund, declared
in May, 1835, - - - - - - 6,790 00

Ditto from ditto, for dividend of 1 per cent, on the

same shares, declared in July, 1835, - - 1,353 00

Ditto received from sundry persons on Cherokee
bonds, Principal, $1,184 44

Interest, 650 73

1,835 17

14,736 17

Which, added to the balance above stated, forms an aggre-

gate amount of ------- - 21,275 59

The disbursements from the fund for Internal Improvement, du-
ring the same period, are as follows, viz :
This sum paid Jas. Wyche, Superintendent of public

works, balance of salary and postage. - - 5 28

This sum paid Wm. R. Hill, for services as Secretary
to the Board of Internal Improvement, for the
year 1834, - - ... 21 00

26 28

Which amount deducted, leaves a balance in the hands of the Pub-
lic Treasurer, as Treasurer of the fund for Internal Improve-
ment, on the 1st day ot November, 1835, of - - - $21,249 31

All the disbursements made at the Treasury Department during the year, it is
believed, are sustained by the proper and appropriate vouchers ; which will be
found on file in the Comptroller's Office. The accuracy of the whole, will be
tested by the examination of the Committee of Finance.

RECAPITULATION.

The foregoing statements show balances of cash on hand at the close of the bu-
siness of the fiscal year, ending on the 31st of Oct. 1835, as follows, viz:

Amount as Public Treasurer, $46,856 30

Ditto as Treasurer of Internal Improvement Fund, - - 21,249 31

Ditto as Treasurer of the Literary Fund, - - - 1,167 08

Making an aggregate amount of $69,272 69

With which, the Public Treasurer, as such, and as Treasurer ot the Literary
and Internal Improvement Funds, stands charged on the books of this Depart-
ment ; and for which, he is therefore accountable on the 1st day ot Nov, 1835.

The foregoing amount is disposed of (as directed by law) in tiie following
manner, to wit:
Amount deposited in the Bank of the State of North Carolina, at Raleigh, and

remaining at the credit of the Public Treasurer

on the 31st day of October, 1835, - - $59,632 31
Ditio do, in the Bank of Cape Fear, at Fayetteville, on

the same day, 0,401 41

Worn Treasury notes redeemed, and in the vault of

the Treasury, 3,100 23

Silver change, and cash in the Treasury, - - 138 74

Making a corresponding amount of - - $69,272 69

It will be perceived, on reference to the foregoing Report, and on comparing
thf3 amount received on account of the ordinary revenue, for the year 1834, with
the amount received from the same sources for the year 1833, as reported by the
late Public Treasurer, that the former exceeds the latter by the sum of three thou-
sand seven hundred and sixty-nine dollars and ninety-seven cents, (3,769 97). —
This increase in the revenue of the last year, derivable from taxation, has been
owing principally to the fact, that under ihe fifth section of the revenue laAV of 1822,
licenses have been taken out in several of the principal towns of the State, for erect-
ing and keeping up, under various names, public Gaming-tables, for playing games
of chance — each of which is subject to the tax imposed by the said section, of five
hundred dollars. It seems not to have been discovered, until within the last year,
that any other than a Billiard-table, was the subject of license, by law — as none
other has ever heretofore been licensed under the act referred to. It becomes,
therefore, a matter of grave inquiry, as it is a subject of great importance to the com-
munity,how far it is proper, (if proper at all) to license, or even tolerate, a species of
vice evidently tending, in the most alluring forms, to corrupt the public morals, and
to lower the standard of public virtue, merely for the purpose of aiding the com-
mon sources in replenishing the Treasury, from time to time, with the required
amount of revenue.

The attention of the Legislature has been repeatedly called, by mjr predecessor,
to the fact, that the ordinary revenue of the State has been gradually diminishing
for a number of years. This fact is no less true now than heretofore ; and, unless
some mode is speedily devised, of correcting the abuses and fraudulent practices
which have grown up under the present system, a resort to an increase of taxation
must be the inevitable consequence. The importanceof the subject, imposes upon
me the duty of respectfully asking the special attention of the Legislature to it, at
the present session. A table annexed to the report from this department at the
last session, and prepared with great care, exhibiting " comparative statements of
the listing and assessment of property for taxation, in 1815, and 1833, with the
nett tax accruing thereon," shows that the aggregate value of the lands listed for
taxation in the year 1815 was fifty-three millions five-hundred and twenty-one
thousand five-hundred and thirteen dollars, ($53,521,513) — while the aggregate
value in 1833, was only forty-t^vo millions nine-hundred and sixteen-thousand
six-hundred and thirty-three dollars, ($42,916,633) — showing a decrease in valur
ation, in thfe space of eighteen years, of eleven millions six-hundred and four-thou-
sand eight-hundred and eighty dollars, ($11,604,880) — when to this fact is added
another, that from the year 1815, to the year 1833, one million two-hundred and
ibrty-nine thousand seven-hundred and fifty-eight acres of land, have been entered
and patented, and the value of wliich has been taken into the aggregate value of
the lands listed in 1833, the difference in the valuation at the periods referred ta,
will be greatly increased.

The defects of the present system of listing lands, are too numerous, and are too ',
well known, to require particular specification in this report. A principal one, ;
however, is believed to be the want of uniformity in afiixing a proper value to the
lands, when given in for taxation. The practice differs in almost every county,
and frequently, in different parts of the same county ; the effect is, that, while the
honest and conscientious land holder is made to pay a fair proportion of the burthen
of supporting the government, his neighbor, who is less scrupulous, and whose
conscience is more easily satisfied, pays just that proportion which he, voluntarily,
chooses to pay. Similar defects also exist, in the manner of giving in taxable polls j
there being no mode pointed out for ascertaining the ages of either white or black
polls, much is necessarily left to the honesty and discretion of those whose duty it
is to list them for taxation.

Early in the month of January last, the President and Directors of the Literary
Fund, held a meeting, at which it was resolved, that the Public Treasurer, as Trea-
surer of that fund, should subscribe forthwith for as many shares of the reserved
stock in the Bank of the State, as the funds on hand would pay for ; and that he
should, from time to lime, as the means of the Literary Fund might accumulate,
make such further subscriptions for stock as the accumulating fund would enable
him to do. Under this resolution, as well as under the authority and direction of
the 5th section of the act chartering the Bank, I subscribed on the 5th day of Janu-
ary last, in the name of the President and Directors of the Literary Fund, for two
hundred and forty shares ; on the 4th day of May, for otie hundred and ten shares j
on the 15th of July, for seventy-six shares ; and on the 2nd of October, for forty
shares : making in the whole, four-hundred and sixty-six shares ; which cost the
sum of forty-seven thousand eight-hundred and eighty-seven dollars and sixty-three
cents, as will be seen by reference to the disbursements, made from the Literary
Fund, enumerated under the proper head.

The State has now taken and paid for, of the six-thousand shares of stock, re-
served by the charter, nineteen-hundred and sixty-six — (sixteen-hundred and six-
ty-six ol which belongs to the Literary Fund, and three-hundred to the State,) —
leaving four-thousand and thirty-four shares, yet to be subscribed : Of this num-
ber, the means of the Literary Fund accruing within the ensuing year, will proba-
bly pay for two-hundred and fifty, or, perhaps, three hundred. From this view of
the subject, it will be seen that there will still be three-thousand seven-hundred
shares, or upwards, unsubscribed for. It is a matter of regret, that the State has
not had the means hitherto, of taking up the whole of the reserved stock ; as the
want of this additional capital has tended, in a great degree, to cramp the opera-
tions of the Bank, and consequently to curtail in a like proportion, those facilities
and accommodations which would otherwise have been extended to the public.
Since the adjournment of the last session, an additional branch of the Bank has
been established at Fayetteville, which is intended, in some degree, to supply the
place of the United States Branch Bank recently discontinued at that place; and
should the Legislature make the necessary provision for paying in lull for the
remaining shares of Stock reserved to the State, it would enable the Bank to es-
tablish other branches and agencies in sections of the State, not now supplied with
capital; and thereby, to give increased facilities to the people in their agricultural
and commercial pursuits. The attention of the Legislature is respectfully invited
to this subject, at the present session, — as the right of the State to take the shares
yet unsubscribed for, will expire by the express limitation of the charter, on the
first day of January, 1837.

It will be observed, upon reference to the statement of receipts and expenditures
for the last fiscal year, that the loan of forty thousand dollars, contemplated by the
last Legislature, and authorized by a resolution of that body, has not been
made. At an early period, after the adjournment of the last session, (believing
that the loan would become necessary,) I opened a correspondence with the Bank
of Cape Fear, the Bank of the State, and the Bank of the United States, toascer-

tain upouVv'Ijat terms tlie loan could be had, in case tlie exigencies of the Treasury
should require it : The terms proposed by each of these institutions, were nearly
the same — varying- only in this particular : that the bank of the State proposed to
receive the re-inbursement of the money, at any time when it might suit the con-
venience of the State to make it, or in other words, that the Public Treasurer should
Ije at liberty to fix the length of the periods for which the loan should be made.
Determining, however, not to exercise the authority given me by the resolution,
until driven to it by necessity, I refrained from taking any further steps in the mat-
ler, until by the timely d-eclaration of dividends of capital made by the State Bank,
and Bank of Newbern, on the shares owned by the State in each ; the Treasury
was so replenished as to remove entirely all necessity for further action upon the
subject. The sources, how«ver, from which such -opportune relief vvas brought to
the Treasurj', during the past year, are now nearly exhausted ; and it has been de-
termined by the State Bank, that no further dividend of capital shall be declared,
tvntil the expiration of the charter; at which time it is contemplated to make a divi-
dend of the whole of its means, and bring its affairs to a final close; so that all
hope of revenue from that quarter, will be cut off, until after the first daj- of Janua-
ry, 1838. What course the Bank of Newbern intends to pursue, in regard to the
final close of its concerns, is not known to this department ; no certain calculation,
therefore, can be made on receiving aid from that source. It is perfectly evident,
then, from every view of the -present state of the Treasury, that a loan will he
required at a very early period of the ensuing year. The amount necessary to
be borrowed, Avill depend, iil* a grtat degree, upon the circumstance, whether or not .
an additional appropriation shall be made, to continue the work upon the ncv; Cap"
itol, and to what amount 1 When that question is determined, some estimate may
be formed as to the probable amount required.

Under a resolution passed at the last session of the General Assembly, directing
the Public Treasurer to commence suits on all bonds given for Cherokee lands,
on which one-fourth of the principal and interest due shall not be paid on or be-
fore the 1st day of December, 1835, I proceeded at an early period, afttrthe ad-
journment of the last session, to notify every individual purchaser of the Cherokee
lands, M'hose bonds remained unpaid, of the purport of the resolution referred to,
and requested their immediate attention to the subject. I regret to say, that but very
few of them have, as yet, aA^ailed themselves of its terms. It is alleged, however,
by the members Avho represented the county of Macon, in the last Legislature,
that an error has been committed in the enrollment of the resolution ; that it should
have been "1836," instead of "1835." I mention this circumstance for the purpose
of directing your attention to the subject ; as in the event of no provision being
made to the contrary, before the 1st day of December next, I shall feel it to be
my duty to proceed under the resolution as it now exists.

Another clause of the 5:esolution above mentioned, authorizes the Public Treas-
urer to institute an inquiry into the solvency of the Cherokee bonds now due;
and if he should think proper, to commence suits on such of them as may be
deemed dmibtful ; or permit them to be renewed under the provisions of the re-
solutions on "that subject, passed in 1829. This inquiry has been instituted, — ^but
the result is not yet satisfactorily ascertained. So soon as it shall be, I will endea-
vor to exercise the discretion, vested in me by the resolution, in such a manner as
will best promote the interest of the Stale.

- By an act of the General Assembly, passe-d at the last session, entitled " An act
directing the conveyance of the commons adjoining the toA\n of Franklin, to the
Chairman of Macon county court," it is made the duty of the Governor, to cause a
grant to be issued to the said Chairman and his successor in office, for the lands
described, whenever he shall execute to the State bonds whh security to the sat-
isfaction of the Public Treasurer, for the payment of three dollars per acre, for
each and every acre of said land, payable in four annual instalments. Under an-
other, provision of the act. a survey of the land has been made : and four several

bonds, bearing date the 21st day of February, 1SS5, for the sum of two hundred
and seventy-five dollars and twenty-five cents each, have been executed, as requir-
ed by the Act, by the Chairman of Macon county Court, Avith security deemed
ample by the Public Treasurer, and are now on file in this Department.

The statement marked C, accompanying- this report, will show the amount of
Treasury Notes issued under the several acts of the Legislature on that subject —
the amount at different times redeemed and burnt by the Committee of Finance;
and the amount yet unredeemed. Of this latter amount, viz. $52,51 1 92 it is believ-
ed that, at least two-thirds, perhaps three-fourths, have been lost or destroyed. Most
of the bills which are now presented at the Treasury for redemption, are so ex-
ceedingly mutilated, as frequently to make it difficult even to tell their denomina-
tion; and almost impossible to detect those that are counterfeit, and those that are
composed of various parts of bills arranged and pasted together. The withdraw-
al of so large an amount of change from circulation, within a few year?, has
produced serious inconvenience in the payment of small suras of money ; which
has not yet been overcome by the efforts of the Bank of the State, to furnish a
sufficiency of specie-change for ordinary circulation. This inconvenience has
been particularly felt in the transactions of this department during the last year.
Most of the Treasury bills now offered for redemption, are presented in small
amounts, and not unfrequently in a single bill at a time. It is therefore respect-
fully suggested, whether the Public Treasurer should not be authorized to incur
a small expense, to procure from the United States Mint, or elsewhere, an amount
of specie-change, sufficient to redeem these bills, and to facilitate the business of
receiving and paying in this department generally.

The suits heretofore pending between the State and the Banks of Newbern.
and Cape Fear, were decided at the last term of the Supreme Court, in favor of the
Banks ; for the grounds upon which the decision was made, I beg leave to refer to
the report of the Cose itself

The tax of twt-ftty-five cents per share, for the last year, imposed by the amen-
ded charter, on the stock held by individuals in the Bank of Cape Fear, amount-
ing to .$7^ 7 50, has been paid; aUhough She amount was not received until after
the accounts for the fiscal year were closed.

A dividend of eleven per cent has been declared for the year, ending on the first
day of November, instant, on the Stocl-: held by the State in the Buncombe Turn-
pike Company, amounting to $550, which amount has also been received at this
office since the first of the present month.

Such Bank exhibits as have been received at this department, during the past
year, are hereto annexed; and such others as may be received during the sitting
of the Legislature, will be forthwith communicated.

The statements accompanying this report, (marked from A to H, inclusive) will
he. found to contain all the information on the subjects to which they relate, re-
quired to be furnished by the act repulating the Treasury Department.

In conclusion, it is deemed but an act of justice to the Sheriffs of the several
counties, to state, that they have. vAth. great promptness and punctuality, accounted
for and paid into the Treasury, Vi-ithin the time prescribed by law, the whole
amount of revenue with wh^"::i they wer.' chargeable. For this fahhfulness m the
discharge ci their duty, tr.:'/ deserve the highest commendation,
All which is respectfully E^nmirted,

SAM'I^ F\ FAT'ffESlSOi!^', Pvb. Treasurer.

Statement of Cash received in the Treasury, from the 31st day of October, 1834,
to the 1st day of November, 1835, on additional returns of taxes:

Sheriffs.

Counties.

Tax due.

Amount paid.

D. C.

Fielding Slater,

Rowan,

1833.

4 34

John J. Bryan,

Wilkes,

7 52

William Crawford, (late)

Richmond,

48 69

Thomas Pasteur,

Craven,

73 24

Thomas Lea,

Caswell,

41 91

Henry S. Spencer,

Hyde,

23 71

William Carson,

Rutherford,

36 25

Nathan'l Harrison, (late)

Buncombe,

82 41

Richard G. Cowper,

Hertford,

17 94

James H. Wood,

Northampton,

SO 77

John McLean,

Cumberland,

17 63

George Cromartie, (late)

Bladen,

20 63

Howell Albritton,

Pitt,

8 19

John A. Barnet,

Person,

11 06

Lewis Bond, (late)

Bertie,

t«

4 20

428 19

Statemeftt of Cash received in the Treasury on the Bonds due on account of
sales of Cherokee Lands, from 31st ot October, 1834, to the Isl November,
1835, belonging lo th; Fund for Internal Improvement.

Date,

Prom whom received.

Dondspaid.

Principal.

Interest.

Total,

1834

D .C.

i>. C.

N»v. 21

John Latham

f'nist.2d

26 50

41 9 a

Ely Ritchey

do 3, prt. 4

15 63

22 00

Humphrey Posey

part 4th

93 20

120 00

Dec. 17

Humphrey Posey

full 3d, 4th

26 99

147

174 36

James Shearer

part 3d

19 00

24 64

John Addington

full 3d,4th

48 91

74 66

Lincoin Fullura

part 4th

52 00

1835

Jan'y 2

John Redmond

full 4th

11 98

'a 30

Joseph E. Bell

do 4th

14 47

Jcnithan Coward

part 4ih

24 77

50 00

Lincoln Fuilum

part 3d

40 00

, 40 oa

Robt. Love and J. Moore

full 1st

66 75
^33 50

87 22'

do do

do 2d

173 55

do do

do 3d

133 50

June 4

Margaret Welch

do 1st

^ 54 02

Jospph Welch

do 2, 3, 4

' 415 50

174

590 31

Michael Wickle

do 4th

16 11

G2 74

Sept. 15

Jacob Palmer

do 4th

25 01

43 47

John Cu'cher

do 3d

10 621

16 071

«•

do 4th

19 46i

33 92k

1184 44

650

1835 \7

Statement of Treasury Notes issued and reported to the Comptroller, and put in
circulation, according to the Acts of Assembly of 1814, 1816, and 1823.

Amount issued i

jnd(

i'rthe Act c

if 1814

882,000 00

1816

80,000 00

1823

100.000 00

262,000 00

Amount burnt by the Committee of

Finance, accoi--

ding to the

Comptroller's

Report

1819

943

1821

7,710

1822

9,784

1823

6,310

do.

1824

5,696

1825

12,170

1826

15,392

do-

1827

15,523

1S27

9,303

do ■

1828

17,781

1829

19,971

1830

21,601

1831

29,811

1832

18,681

3SI

1833

10,565

1834

5,138

20G,387 85

55,612 15

Deduct amount

on hand in the Vauh of the Treasury,
ce unredeemed, and in cirtjulation, of

S.IOO 23

Showing balan

$^2,511 92

Statement, showing the number of shares of Bank Stock owned by the State of
North Carolina, and by the President and Directors of the Literary Fund,
1st November, 1835.

Shares of Stock of the Bank of the State of North Carolina, held

in the name of the State of North Carolina, 300

Shares of stock owned by the President and Directors of the Lite- t

rary Fund, 1666 ■

Do do stock in the Bank of Cape Fear, owned by the State,

and dividends unappropriated, 10

Do Dividends appropriated to the Fund of Internal Improvement, 1,358

Do owned by the President and Directors of the Literary Fund

and purchased with the cash belonging to that Fund, 50

Do dividends appropriated to the Literary Fund, 704

Do Shares of Stock in the Bank of Newbern, owned by the State

and dividends unappropriated, 155

Do do dividends appropriated to the Fund for Internal Improvement, 1 ,304
Do do dividends appropriated to the Literary Fund, 359

Do do owned by the President and Directors of the Literary Fund

and purchased with the cash belonging to that Fund, 141

Do shares of stock in the State Bank of North Carolina, owned

by the State, and dividends unappropriated, 2,768

Do owned by the President and Directors of the Literary Fund,

and purchased with the cash belonging to that Fund, 282

1,966

2,122

1,959

3,050

Aggregate number of shares 9,097

The State has received on the Stock of the State Bank of North Carolina, the
following dividends of the capital, viz :

One dividend of $50 per share,

ditto " 20 "

10 "

Total capital received of State Bank

On the Stock of the Bank of Newbern :
One dividend of

Total capital received of Bank of Newbern,

888

per share

$25

per share

<i II

•• 1.

(i u

$70

per share

Statement of the nett produce of the different branches of Revenue and the amount
of cash received thereon into the Public Treasury, from the 3 1st day of Oct^
1334, to the first of November, 1835.

Branches of Revenue.

Amount. Aggregate.

Tax on land

" " Town property

" " Polls

" " Stud horses

" " Gates

** " Stores

" " Pedlers

•' " Artificial curiosities,

" " Natural do

••^ " Billiard-tables and tables of chance

" " Brokers and Lottery Offices

•' " Penalty for lailing to comply w^ith act of 1834,

BANK TAX.

Bank of the State

BANK DIVIDENDS.

Buncombe turnpike company, dividend on stock,
Bank dividends on unappropriated stock
Dividend of State Bank stock,
Dividend on Bank of Newbern stock
Dividend of Bank of Newbern stock
Cash received from Bank of the State of N. C. for in-
terest on advanced payments of stock in said Bank
held by the State
Cash received for the rent of public land

" from Henry H. Cooke, on his bond,

" from Richard D. Spaight

" from Doct. Rufus Haywood, for his bond,

Aggregate amount, received on account of public fund,

LITERARY FUND.

Amount received for Bank Dividends of profit

" Cape Fear Navigation, dividends No. 10 and 1 1,

*' Dividend of State Bank stock

" " of Bank of Newbern stock

•• Received of the Bank of the State of N. C. for in-
terest on advanced payments of stock in said Bank,

•» Tavern lax for the year 1834

«» Auction tax " " 1834 and 1835

" Entries of vacant land for 1835
Aggregate amount of Literary Fund,

INTERNAL IMPROVEMENT FUND,

Am't of dividends on stock, appropriated to Internal Im-
provements, - . . . -
" On Cherokee bonds, ....
Aggregat am't of Internal Improvement Fund,
Aggregate am't received on ac't of Public Fund, Litera-
ry Fund, and Fund for Internal Improvement,

D C

23,259 75

1,539 98

28,284 52

1,528 71

117 50
9,352 06
3,219 50

733

267
3,290

376

200

D C.

20
90

2,250

650

6,381

22,144

18,180

27,270

621 38

10
213 06

6
215

11,892
1,216
2,256
3,525

3,200 56

2,492 88

546 84

4,541 30

12,901
1,835

72,169 12

77,940 44
150,109 56

29.670 72

14,736 It
194,516 45

Statement of Insolvents allowed by the Comptroller to the Sheriffs in their settle-
ment of the Taxes of 1834.

* —

Sheriffs.

Counties.

No. Polls.

Amount.

D. C.

William Thompson, Sheriff

Wayne

13 00

George Hoover

Randolph

1 20

Fielding Slater

Rowan

193

38 60

William G. Jones

Warren

15 80

John B. Dawson

Craven

Sit

42 20

James Simmons

Halifax

170

34 00

Joseph M'Connaughey

Mecklenburg

19 60

Paschal B. Burt

Wake

106

21 20

William B. Cole

Richmond

U 20

James Truit.

Macon

6 20

William Carson

Rutherford

166

33 20

Thomas Wilson

Yancy

2 80

James R. Riddick

Gates

15 00

Joshua A. Pool

Pasquotank

8 60

William D. Rascoe

Chowan

4 80

James Long

Perquimons

9 80

John M'Lean

Cumberland

15 60

Richard G. Cowper

Hertford

106

21 20

James H. Wood

Northampton

19 80

Martin Roberts

Rockingham

19 80

Risden M. M' Daniel

Jones

4 60

John D. Bennett

Washington

3 60

John W. Taylor

Green

6 60

James W. Doak

Guilford

18 40

Guston Perry

Franklin

123

24 60

William Kennedy

Davidson

11 20

Salathiel Stone

Stokes

101

20 20

Isaac Baxter

Currituck

5 60

Howell Albritton

Pitt

15 00

William D. Petway

Edgecomb

18 20

Joseph M Bogle

Iredell

19 GO

Peter Harrell

Onslow

3 40

Hampton B. Hammond

Anson

111

22 20

Absa om Fulford

Carteret

9 00

Enos Rutledge

Surry

-75

15 00

John J. Bryan .

Wilkes

8 20

Horace D. Bridges

Chatham

166

33 00

Allen S, Ballenger

Johnston

10 40

3009

si' «. 5- o

f^ £3".

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9^

[No. 3.]
Legislature of North Carolina 1835.

REPORT

{ipisig ipiE:isn]2)2is3"S' ^ssriD ©niBii^'i!'®^^©

OF THE

jLiTJBR^RTk* rujvn

ITOMH OAROLIITA,

Transmitted, according to Act of Assembly, on the 2ith Nov^r, 1835»

RALEIGH:
Pbilo Wbite, Printer to the State.

1835.

ExECTTTivE Department, N. C.

Raleigh, Nov. 24, 1835.

To the General Assemble/ of the State of North- Carolina:

I transmit herewith the Bo , ^rt of the President and Directors of the
Literary Fund, for the year eighteen hund) v i and thirty-five.

DAVID L. SWAIN.

To the General Assembly of the Slate of North Carolina i

The President and Directors of the Literary Fund, in obedience to the Act
of Assembly requiring them to cause to be kept by the Treasurer, for the State, a
regular account of all such sums of money as may belong to the said fund ; of the
manner in which the same has been applied and vested ; and to make an annual
report thereof, to the Legislature, with such recommendations for the improvement
of the same as to them shall seem expedient, respectfully Report : that

The receipts at the Treasury on account of the Literary Fund, for the year end-
ing on the first day of November, 1835, have been as follows, viz :
The balance of cash in the hands of the Public Treasurer, as Treasurer of th^&
Literary Fund, on the 31st Oct., 1834, as reported to the General
Assembly of that year, was • • - - - - $19,403 99g

The receipts at the Treasury Department, of the money
belonging to this fund for the last year, that is, from
the 31st of October, 1834, to the 4st Nov. 1835.
amount to twenty-nine thousand six hundred and
seventy dollars and seventy two cents,j(29,670 72)
and consist of the following items, vi^ :
Cash received from the Bank ofNewbern, for dividend
of 10 per cent of the capital on 441 shares of stoi^k
owned by this fund, declared Aug. 1834 - - 1,410 00

Ditto Bank of Cape Fear, for dividend of 3 1-2 per cent
profit on 704 shares of stock appropriated to this
fund, declared in Jan. 1835, ... - 2,4G4 00
Ditto Bank of Cape Fear, for dividend of 3 1-2 per cent
profit on 50 shares of stock, appropriated to this
fund, and declared as above, - - - - 175 00

Ditto received from the Cape Fear Navigation Compa-
ny for dividend No. 1 0 of 2 per cent, declared May
28lh, 1831, received Jan. 1835, - - - 566 14

Ditto State Bank of North Carolina, for dividend of 2
per cent profit on 282 shares of stock owned by
this fund, declared November, 1834, 504 05

Ditto State Bank of North Carolina, for dividend of 8
per cent capital on 282 shares of stock owned by
this fund, declared March, 1S35, - - - 2,256 00

Ditto Bank of NeAvborn, for dividend of 15 per cent ca-
pital on 141 shares of stock, owned by this fund,
declared April, 1835, - - - - 2,115 OS

Ditto Cape Fear Navigation Company, for dividend No.
11, on the shares owned by the Slate, an^ appro-
priated to this fund, ----- C50 0?)
Ditto Bank of Cape Fear, for dividend of 5 per cent
profit on 704 shares of stock appropriated -to this
fund, declared in May, 1835, - - - 3,520 00

Ditto Bank of Cape Fear, for dividend of 5 per cent
profit on 50 shares of stock owned by this fund,
declared as above, - ... - 250 00

Ditto Bank of Cape Fear, for dividend of 1 per cent on
704 shares of stock appropriated to this fund, de-
clared in July, 1835, - - - • 704 00

Ditto Bank of Cape Fear, for dividend of 1 per cent on
50 shares of stock owned by this fund, declared as
above, - - - - - - - 50 00

Ditto Bank of the State of North Carolina, for interest
on advance payments, made on 1^00 shares of

stock in said Bank, subscribed for in behalf of this

fund, in May, 1834, - - - - 3,105 86'

Ditto ditto for interest on an advance payment of the
4th instalment, on 240 shares of stock subscribed
for in behalf of this fund in Jan. 1835, - - 93 70

Ditto received from the Bank of the State of N. Caroli-
na, for dividend of profit of 2 1-2 per cent on 1550
shares of stock owned by this fund, declared in
June, 1835, ..... 3^875 00

Ditto Ditto for dividend of 2 1-2 per cent profit on
40 shares of stock owned by this fund, subscribed
2nd Oct. 1835, declared as above, - - - 100 GO

Ditto Ditto for dividend of 2 1-2 per cent profit on
76 shares of stock owned by this fund, subscribed
15th July, 1835, declared in June, 1835, - - 190 00

Ditto for entries of vacant land, .... 4,541 30

Ditto from sundry Auctioneers, for tax on sales at auc-
tion, - 546 84

Ditto from sheriffs, for tax on retailers of spiritous li-
quors, - - 2,492 88

29,670 72

Which, added to the balance above stated, make the aggregate sum of $49,074 7 1

The disbursements from the Literary Fund, during the
foregoing period, are as follows, viz :

This sum paid Charles Dewey, Cashier of the Bank of
the State of North Carolina, for 240 shares of
Stock, subscribed for on the 5th Jan. 1835, 24,000 00

This sum paid do. for interest on deferrt-d payment of do, 398 47

This sum paid VVm R. Hill, for his services as Sec-
retary to the Board of Directors of the Literary
Fund, for the year ending 31^ Dec. 1834 - - 20 00

This sum paid Charles Dewey, Cashier of the Bank
of the State, for 110 shares of Stock, subscribed
May 4th, 1835, 11,000 00

This sum paid ditto for interest on deferred payment of

ditto, 342 67

This sum paid ditto do, for 76 shares of Stock, sub-
scribed 15th July, 1835, .... 7,60000

This sum paid ditto, for interest on deferred payment of

ditto, - . 321 66

This sum paid ditto do, for 40 shares of Stock, subscri-
bed for on the 2d October, 1835, - - - 4,000 00

This "sum paid ditto, for interest on deferred payment

of ditto, 224 83

Making an agirregate amount of S47 907 6^

Which deducted from the amount above stated, leaves a balance in
the hands of the Public Treasurer, as Treasurer of the Lite-
rary Fund, on the 1st day of November, 1835, of ■ - 1,167 03

The annexed table, marked A, exhibits a statement of the several species of
Stock belonging to the Literary Fund, and of Stocks, the dividends of which were
appropriated to it by the act creating the corporation. The profits arising from
the stock referred to ; the tax accruing from the sales at auction ; the tax paid by
retailers of spirituous liquors; and sums paid for entries of vacant land, are at
present the only sources of accumulation. These may be estimated to produce,
during the next year, the sum of twenty-five thousand dollars ; which, under a
standing resolution of the Directors, will be invested in stock of the Bank of
the State, at every period, when the cash in the Treasury will be equal to the
payment of ten shares. Small as these sources of revenue seem to be, they are
constantly increasing; and if permitted to accumulate, at no very remote period
will realize the liberal and extended views of the enlightened statesmen, to whom'
we are indebted for the foundation of this charity.

The swamp lands, nominally the property of this Board, are entirely unproduc-
tive, and must continue to be so, until the Legislature shall either determine upon
permitting them to be improved, in some of the modes which have been suggested
in the various Reports heretofore submitted upon this subject, or dispose of them
by sale or entry. If neglected many years longer, there is much reason to ap-
prehend, that they will be greatly diminished in value, from the trespasses daily
committed upon them. They were originally covered with immense forests of
the finest timber, now constantly becoming scarcer , and consequently of greater
value; and no plan has yet been devised either to punish or prevent trespasses.

The resolution adopted by the General Assembly in 1833, directing the Board
to purchase a Library for the State, has been partly complied with. In addition
to the purchase of a portion of the Library of the late Judge Murphey, as stated
in the last Report, a few valuable books for the Legislative department of the Li-
brar3^ have been purchased through the agency of Turner & Hughes, book-sel-
lers of this city, and are deposited in the Executive Office for the use of the
members of the General Assembly. A good Law LibrarJ^ which besides, being
an indispensable part of a public Library, was greatly needed by the Supreme
Court, and will be a most important acquisition to the Judicial branch of the Go-
vernment, has been purchased under the direction of Judge Gaston, in New York.
The boxes containing these books, were received a few days since ; but as there
is no place provided for the preservation of the books, under such circumstances
as to admit of convenient reference, they have not been opened. A complete cat-
alogue of all the works purchased, is in preparation; but may not be completed
in time to be submitted to you, before your adjournment.

DAVIO Jj. SWAirV, President-

Shares of Stock owned in the Bank of the State of North Carolina, 1 660

Do. do. Stock owned in the Bank of Cape Fear, 50

Do. do. Stock owned in the Bank of Newbern, 141

Do. do. Stock owned in the State Bank of North Carolina, 282

iri6

423

Shares of Stock owned by the State in the Bank of Cape Fear, the divi-
dends of which are appropriated to the Literary Fund, 704

Aggregate number of Shares, 2842

-^©©- '

The State Bank of North Carolina has divided among her Stock holders on eack
share of $100, $88

The Bank of Newbern, in like manner, on each share of capital Stock, $70

[No. 4.]
Legislature of North Carolina — 1835.

MESSAGE

THE aoT^Biij%on^

IN RELATION TO THE

STOOS l^BSSnVED TO THE STATE

B^JVK OF THE STJiTE.

RALEIGH :
PhUo WMte, Printer to the State.

1835.

MESSAGE.

To the General Assembly of the State of JYorth Carolina :

The Act of the General Assemhly, passed in 1833, to establish the Bank
of the State of North Carolina, provides that the capital Stock of that institution
shall not exceed a million and a half of dollars ; of which, the State shall be en-
titled to subscribe (two fifths) six hundred thousand dollars, and individuals
(three-fifths) nine hundred tliousand dollars.

The amount limited for individual subscription, was promptly taken within the
period prescribed by law. Of the Stock reserved for the State, three hundred
shares of one hundred dollars each, have been subscribed and paid for by the
Public Treasurer; and seventeen hundred shares have, in like manner, been sub-
scribed and paid for by him as Treasurer of the " Literary Fund," in compliance
\vith a Resolution of the President and Directors of that corporation. The re-
maining four thousand shares have not been taken ; and the fifth section of the
Act provides, that unless "they shall be subscribed and paid for, on or before the
first day of January, 1837, the Slate shall no longer have the privilege of taking
them."

The attention of the last General Assembly ivas directed to this subject, in the
annual Message at the commencement of the session ; and various plans were
proposed in that body, to accomplish the object contemplated by the provision in
the act referred to. No one of these plans having been adopted, the subject now
returns upon you for consideration ; and as the privilege of subscribing will ex-
pire at the end of twelve months, no alternative is afTorded, oth^^r than to provide
at the present session, the necessary means to pay for the Stock, or the abandon
ment of the right.

The Branch of the Bank of the United States, at Fayetteville, has been recently
discontinued, and the del)tors have been transferred to the Branch of the Bank of
the State, simultaneously established in that town. This arrangement has had
the effect to prevent much inconvenience and pecuniary distress, which might have
ensued a different course of policy; but a considerable amount of capital has ne-
vertheless been withdrawn from circulation. The capital of the Bank of Cape
Fear has, by recent subscriptions, been increased to $800,000; the capital of the
Merchants' Bank of Newbern, is $12-3,000; and the capital of the Bank of the
State, actually subscribed and paid, 81,100,000 ; making the aggregate amount of
the banking capital of the State, two millions and twenty -five thousand dollars. If
to this sum, be added the amount of Stock reserved for the State, ($400,000) by the
Charter of the Bank of the State, the aggregate .vill be less than the combined
capital employed by the S'ate Bank and the Banks of Newbern and Cape Fear in
1815. No apprehension need therefore be entertained, that the evils ordinarily
attendant upon an excess of banking capital, will arise from the proposed subscrip-
tion.

It is believed, that the delay upon the part of the Legislature, to make the sub-
scription, has in no degree been influ'-nced by considerations of this character.
That this additional banking capital might be conveniently employed, and that, as
a measure of finance, it was important to secure the stock for the State, has been
generally conceded. The impossibility of attaining the object from any resources
of our own, and unwillingness to resort to a loan for this purpose, have alone
occasioned hesitation.

tt affords me much pleasure to be able to state, that circumstances which have
occurred since the last session will obviate these difficulties, if not entirely, to a con-
siderable extent at least. The trustees of the University have within the last few
weeks disposed of the entire body of their lands in Tennessee. The annual report
of the Treasurer of the University, which will be submitted in the course of a few
days, will exhibit a detailed statement of the financial condition of this Institution.
Without entering into a particular examination of it at present, it is considered
sufficient to state, that the trustees entertain the opinion, that if authorized to do so,
they can manage their resources in such a rrsannerasto secure stock in the Bank
of the State to the amount of one hundred and fifty thousand dollars. If a like
privilege is conceded to the President and Directors of the Literary Fund, they
can, by a pledge of a small portion of their scrip, obtain the necessary means to jus-
tify an immediate subscription for stock, to the amount of fifty thousand dollars. —
A permanent fund of this character, is exceedingly well suited to the condition of
both these Institutions — if not, indeed, essential to their existence ; and it is a source
of congratulation, that it is in your power, by extending the commercial facilities
of the community, at the same time to extend substantial encouragement to litera-
ture and science, by the encouragement of the University, and the increase of the
Literary Fund. The constitutional obligation "to encourage useful learning in
one or more Universities, and to establish schools for the convenient instruction of
youth," though not fully performed, may be thus appropriately recognized.

To secure the remaining two thousand shares, the only mode which has occur-
red to me as prudent and practicable, is that which was submitted to iheGeneial
Assembly at the last session. I have great confidence that a stock may be created
and disposed of, and the money obtained on terms that will render the subscription,
upon the part of the State decidedly advantageous, if merely regarded as a finan-
cial expedient.

This measure has, however, been so fully discussed on previous occasions, and
been the subject of deliberate investigation by the Legislature, that it is deemed
respectful, at present, merely to suggest it as entitled to favorable consideration.

DATiD L. SWAIX

Executive Department, North Carolina,
November 2.^d, 1835.

[No. 5.]
Legislature of North Carolina — 1835.

message:

THE dOT^JERJVOR,

TRANSMITTINS-

fL €OMM1J]KICATlO]V

T'EL^; COMlll^^lO^lillS

A7P0IKT£D la

^.BTISB THE rUBLIO STATUTES.

RALEIGH :
Phflo White, Printer to the State^i

^ 1835.

MESSAGE.

To the General Assembly of the State of JSTorth Carolina :

The accompanying communication from Frederick Nash, James Iredell, and
William H. Battle, Esquires, commissioners appointed to revise the public Statute
Laws of this State, was received at this department yesterday, and is transmitted
for your consideration.

The duties which these gentlemen have undertaken to perform, are alike ar-
duous and important, and there are perhaps few subjects which have recently occu-
pied the attention of the General Assembly, in which the intelligent portion of the
community feel so deep an interest. To revise the legislation of six hundred years,
under the several forms of Government to which various Revolutions have given
birth, — to translate it, in some mstances, from a foreign language into our own, —
and to conform to the existing state of things enactments adapted to the varying
■wants of society throughout the perpetual changes rendered necessary by the suc-
cession of peace and war, the extension of commerce, the improvements of agricul-
ture, and the introduction of the mechanic arts, is a task to which the greatest learn-
ing, the purest patriotism and the clearest intellect, is not more than equal.

The amendments (which may now be regarded as certainly adopted) to the Con-
stitution of the State, impart to this subject additional interest. A radical change
in the structure of our fundamental laws, would seem, in the nature of things, to
require corresponding alterations in the code of municipal regulations; of which, in
theory at least, the former is regarded as the foundation.

It is an important inquiry, which should be promptly determined, whether a re-
vision of any portion of the Report should be attempted at the present session. I
incline myself to the opinion, that it is not advisable to do so. No bill proposing an
amendment to, or repeal of, a publie law, is, according to modern usage, passed
until it is printed, and the fairest and fullest opportunity afforded for consideration.
If this course is the only wise one, when a single definite proposition is presented
to the mind, shall it be departed from when the complicated principles of an entire
system are brought under review 1

If you decide that the bills reported by the commissioners shall be printed before
they are taken up for consideration, it is obvious that their re-enattment must be
deferred until the next session, and the necessary measures adopted to have the
printing executed in the interval. Such a determination would give a most impos-
ing character to the proceedings of the first General Assembly, under the amended
Constitution, and tend, perhaps, more than any other measure which can be adopt-
ed, to direct the attention ofthe great body of the community to the nature of our
fundamental institutions, and the character of the civil and criminal code to be en-
grafted upon them.

I suggested to the last General Assembly, the propriety of providing a compen-
sation, not exceeding three hundred dollars, for the Clerks engaged to transcribe
the bills reported by the commissioners. I now venture to renew the recommen-
dation : I am very certain that no professional man conversant with the nature
ot the duties required of these gentlemen, would be disposed to subtract this sum
from the inadequate salary allowed them.

DAVID li. SWAIiV.

Execulive Department, }

Raleigh, 2Wi Nov., 1835. S

— WHO® S*****"

To his Excelleuci/, Governor Swain :

Sir: During the last session of tiie Legislature, the Commissioners for
revising and digesting the Public Statute Laws ot the State, submitted to your
Excellency a Report, showing the progress then made in the work which had
been confided to them, and the plan they had prescribed for themselves in its exe-
cution. This report was accompanied by a revised Statute, an Act concerning
entries and grants of lf!nd, which was intended as a specimen of the whole work.
The undersigned now respectfully submit to your Excellency, for the information
of the Legislature, this additional Report. No good reason has occurred to them,
for departing from their original plan ; nor have they understood that the speci-
men submitted by them, has, in any manner as a specimen, been objected to. Be-
lieving, therefore, that the principles upon which the Digcct was to be made, as
heretofore designated, met with the approbation of the enlightened body, whose
will it Avas their duty to obey, they have been governed by them in their subsequent
labors. The work entrusted to them, being one of much responsibility, and re-
quiring patient and laborious investigation, they have devoted to its exec;ution all
the time they could spare from other indispensable avocations. The sense of their
responsibility, has been lightened by the knowledge, that their labors will be no
farther efficacious, than as they may be sanctioned by the wisdom of those to
whose final action they will be submitted. They cannot hope, that in so extend-
ed a field, embracing such a variety of subjects, to l;e extracted from such a mass
of often contradictory materials, they have avoided all error of misconstruction or
omission ; but they indulge the hope, that none that are essential will be found.

The Commissioners submit the following list of Statutes, which are revised and
ready for the supervision of the Legislature. The Statutes themselves accompany
■this communication, (hat they may be transmitted to that body :

1 An Act concerning Entries and Grants of Land,

2 " To prevent the abatement of suits in certain cases,

3 " Concerning Executors and Administrators,

4 " Concerning Quarantine, and to prevent the introduction and commu-

nication of contagious diseases,

5 " Concerning Attornies at Law,

6 " Directing the mode of choosing Senators and Representatives in the

Congress of the United States,

7 " Concerning Bail in civil cases,

8 " Appointing Commissioners to take Affidavits,

9 " Concerning Divorce and Alimony,

10 " Directing the manner in which the Laws of Congress, and other

public printed documents, transmitted to this State by the Gen-
erl Government, shall be distributed,

11 " Providing for the support of the Poor,

12 " Concerning Wrecks and wrecked property,

13 " Concerning Bastardy, and providing the mode of legitimating Bas^

tard cfiildren in certain cases,

14 " Ascertaining the method of proving Book Debts,

15 " Concerning Constables,

16 " Concerning the Attorney General, and Solicitors for the State,

17 " Concerning the Militia of the State,

18 " To provide a Revenue for the State,

Acts upon the following heads have also been completed, and are in the hands
of Clerks for transcription ; and will be ready in a few days to be laid before
the Legislature:

Concerning the Executive.

" Public Treasurer,

" Secretary of State,

" Comptroller,

" Public Printer,

Sheriffs,

" Coroners,

" Clerks of the County and Superior Courts,

" Clerks and Masters in Equity,

" County Trustee,

" County Revenue,

" Rangers and Strays,

" Justices of the Peace,

" Attachments,

" Deeds and other conveyances of Lands and Slaves^

" Pilots and Pilotage,

" Corporations,

•* Removal of Debtors,

" Auctions and Auctioneers,

" Bills and Negotiable Securities,

" Mills and Millers,

" Internal Improvement,

'• Insolvent Debtors,

'• Ideots and Lunatics

" Guardian and Ward,

" Apprentices,

" Court Houses, Prisons and Stocks,

" Patrols.

What course will be pursued by the Legislature in this matter, the Commis-
sioners cannot know. Should it be their pleasure to proceed in their investigation
of the labors of the Commissioners, at the present session, the Commissioners
hope it will be in their power to furnish a Digest of the remaining acts before
their adjournment, as many of the most important heads are in a state of advan-
ced preparation. Should the Legislature determine to postpone their final action,
until the succeeding session, the Commissioners respectfully submit the propriety
ol leaving so much as may not be acted on under their controul, that they may
make such additions, or alterations, as may be suggested by further reflection and
investigation.

We have the honor to be,

With the highest respect,

Your obedient servants.

Raleigh, November 23, 1835.

FREDERICK NASH, )

JAMES IREDELL, > Commissioners.

WILLIAM LI. BATTLE, >

[No. .7]
Legislature of North Carolina 1835.

REPORT

OF THE

The Committee of Finance, to whom was referred the Bill to provide for the
payment of instahnents on the shares reserved to the State in the Capital Stock of
the Bank of the State of North Carolina ; and also, a Resolution on the same
subject, respectfully Report:

That of the 6000,000 of Stock in the Bank of the State of North Carolina,
reserved to the State, the Public Treasurer, at the opening of the Books, subscrib-
ed for stock, and paid to the amount of 830,000 for the State ; and for the Literary
Fund, he has, up to the present time, subscribed and paid for $170,000 — leaviug-
a balance of $400,000 yet unsubscribed.

The Bank has gone into successful operation, and no reasonable doubt can
now exist, that stock in that Bank will be a profitable investment. The high
price of the stock in market proves, beyond doubt, the public confidence in that
institution, and affords the State an opportunity to realize a considerable profit, by
simply taking the stock reserved for her, and selling it immediately to individuals ;
but the Committee do not recommend that course. Considerations of public pol-
icy, require that the government should have some control over an institution
which will furnish a considerable portion of the circulating medium, and become
extensively and intimately blended with the business of the country. The suc-
cessful management of such an institution, may be safely trusted to the sagacity
and vigilance of private interest ; but in the mutations of human affairs, circum-
stances may arise, when the supposed interest of private stock-holders would dis-
pose them to pursue a course highly injurious to the community at large. In such
an event, the State, as a large stockholder, v.'ould interpose her influence, and check
the cupidity which would seek private gain at the expense of public good ; and
under other circumstances, the protection of the State, as a large stock-holder,
may be necessary to shield the Btnk from powerful combinations of its debtors.
In every point of view, the public good and the stability and usefulness of the
Bank, all seem to require that the State should be a large stock-holder, and
the profits which would unquestionably accrue on the stock, would be sensibly ftlt
in an empty Treasury.

If the Bank had all its capital, it would be able to furnish to the community all
the facilities intended by its charter; but whilst so large a portion of its capital is
withheld, it cannot meet the demand for banking facilities in different parts of the
State. Upon the whole, the public interest clearly requires, that the State should
take the balance of the reserved stock ; and the Bill provides for obtaining the
necessary funds, in the most convenient manner. By it, the State will procure the
stock on her credit alone, at a rate of interest not exceeding five per ct. per annum;
and when the Bank finally closes, the bank-stock to be taken by the State,will fur-
nish ample means to pay lor it. The profits on the stock, while the Bank continues
to be in operation, may be safely estimated at seven or eight per cent, per annum ;
which would yield to the State a clear profit of two or three per cent, per aunum^
v.'ithout advancing one cent out of the Public Treasury.

2
The passage of this bill will not preclude the present General Assembly from
permitting the President and Directors of the Literary Fund, and the Trustees of
the University, to take any portion of the reserved stock which it may deem pro-
per ; as a Resolution, directing the Public Treasurer in that matter, will be suffi-
cient to effect it.

The Committee, therefore, report the Bill, and unanimously recommend its pas-
sage. They also recommend, that the first Blank be filled with the words
" $400,000;" the second blank with the words "$1,000 each;" and strike out the
last blank, and the words " of the said," which immediately precede it.
By order of the Committee,

JAMES WYCHE, Chairvian.

To provide for the payment of the histalment, on the shares reserved to the State in the
Capital stock of the Bank of the State of North Carolina.

Be it enacted by the General Assembly of the State of North Carolina, and

2 it is hereby enacted by the authority of the same, That it shall be the duty of

3 the Public Treasurer of this State, and he is iiereby required ^to make and

4 execute, in proper form, and in his official capacity, certificates binding the

5 State for the payment of the money, purporting to be due thereon, to the

6 amount of dollars, and no more,

II. Be it further enacted. That the said certificates shall be issued for the

2 sum of dollars, each — and shall bear intsrest at the rate

3 of five per centum per annum, payable semi-annually, on the first days of

4 February and August, in each and every year, at the Bank of the State of N.

5 Carolina, in Raleigh ; or at such other Bank, or Banks, as the agent of the

6 State, hereinafter mentioned, may designate, for making payment of the same.

III. Beit further enacted. That all certificates of debt due by the State,

2 issued under and by the authority of this act, shall be signed by the Public

3 Treasurer, in his official capacity, as herein before mentioned, and shall be

4 countersigned by the Comptroller of this State, and duly registered by him, at

5 large, in a book prepared and kept for that purpose.

IV. Be it further enacted, That the said certificates shall be transferable
2 by the holders of the same, or by his, her, or their Attorney, in a book to be
S kept by the Public Treasurer for that purpose; and on every such transfer,

4 the outstanding certificate shall be surrendered to, and cancelled by, the

5 Public Treasurer, and a new certificate shall be issued, for the same amount,

6 to the person enti'led to the same.

V. And he it further enacted. That the debt hereby created, shall not be

2 redeemable until after the first day of January, eighteen hundred and

3 sixty; and after that day, the same shall and may be redeemed at such time

4 or times, and in such portion or portions^ as may hereafter be declared and

5 appointed by law,

VI. And be it further enacted, That for the payment of the interest sa-

2 mi-annually, at the rate of five per cent, per annum on the principal debt hcre-

3 by authorised tn be created, on the credit of, and for the benefit of the State,

4 until the same shall be fully paid to the holders of the certificates thereof, and

5 for the full and entire payment and redemption of such principal debt, and ev-

6 ery part theieof, all the shares which the State now holds, or may hereafter

7 hold in ihe capital stock of said Bank ; and the dividends, which may accrue

8 thereon, be, and they are hereby pledged ; and the General Assembly doth

9 hereby guarantee the payment of the f^ull amount of the debt authorised by

10 this act to be contracted, and of the punctual payment semi-annually of the

11 interest thereon, at the rate aforesaid, until the whole of the said debt shall be

12 fully paid, satisfied and redeeiued.

VII And be it further enacted. That the Governor shall appoint a fit

2 and competent agent in behalf of the State, to negotiate the sale of the debt

3 hereby authorised to be contracted, who shall have power and authority to sell

4 the same, or any part thereof, at not less than its par value; and shall pay

5 over to the Pubiic Treasurer the fill proceeds of such sale or sales.

VIII. Ajid be it further enacted. That it shall be the duty of the Public

2 Treasurer, and he is hereby req;)ired to pay out of the money which he may

3 receive from the agent aforesaid, the full instalments on such, and so many of

4 the said shares of the capital stock of the Bnnk aforesaid, as

5 remain unpaid for, by and in behalf of the State, in like manner, and on the

6 same terms as are prescribi d for payments to be made by individual or other

7 subscribers, for shares of stock in said Bank.

IX. And be ii further eyiacted. That the Governor be, and he is hereby

2 authorised to make to the agent aforesaid, such allowance for his services and

3 expenses, as he m'iy deem reasonable and adequate, and to defray all other

4 expenses incident to the execution of this act ; all which shall be paid by the

5 Public Treasurer, on the warrant of the Governor.

X. And be it further e?i,acied, That this act shall be in full force and ef-
2 feet, from and after the ratificaiion thereof.

[No. 8.]
Legislature of North Carolina — 1S35.

^i^®:gf

THB COJflJfilSISIOsJl^JEIlS^

APPOINTED TO

Superintend the Rebnildittg

Tim ^TJLTia CJWl?lT01i.

BALEIGH4

VbOm White, VtbaUi f the State.

1335.

Raleigh, November 26, ISdB^.

To the Honorable General Assembly of North Carolina:

Gentlemen : The commissioners charged with the superinten-
dence of the rebuilding of the State Capitol, have endeavored to give to the
object of their trust that attention which the Legislature had a right to ex-

^pect, and which its importance demanded. The magnitude of the work,
tiie nature of the materials of which it is to be constructed, and the order of
Architecture designed for its plan, must, under any circumstances, in its

• execution, be tedious and slow in its progress. And in addition to these
considerations, other difficulties have arisen, beyond the control of the Com-
missioners, as will be seen from the succeeding remarks, to retard the pro-
gress of the work during the present year.

The inclemency of the last winter rendered the rock, by reason of the
frost, unsusceptible of being worked, which produced almost an entire sus-
pension of labour upon the building for four weeks. And in the spring and
early part of the summer, the demand for rock cutters in the northern cities,
was so great as to induce a large number of hands, in the employ of the
State, to leave, most of whom were of the first dass of workmen. To regu-
late the pay of the hands according to the northern rates became indispensa-
ble, in order to retain the remaining hands of this description. An increase,
therefore, of their pay, from the 1st June till the 1st of November was -made ;
tlie Commissioners believing this to be not only an act of justice, but also
necessary to prevent a majority, if not the whole, of the best stone cutters
from quitting the job.

It was confidently expected that by this time of the year, there would
have been an accession of hands to the work from the north, inasmuch as
our winters are milder, affording a greater number of working days, and of
course more profit to the workers in ro«k ; but in this, the Commissioners
have been disappointed, not having had, as yet, theoffetof asingle new hand.
On arriving at the entablature of the building, where rock of much larger
size was required than was needed in the preceding parts of the work, an
extension and deepening of the Quarry became necessary, to render it capa-
ble of yielding the description of rock wanted. This has been done, but not
without incurring a considerable expense, and the result has been, entirely
Isatisfactory in accomplishing the object contemplated.

In the progress of the work at the Quarry, and on the Capitol Square a
greater number of laboring hands are employed in consequence of the im-
mense weight of the rock to be handled, than would, from a cursory view, be
thought necessary; and although there are frequently intervals in which the
whole are not engaged, yet daily there are occasions in which they are bare-
ly sufficient for the purposes for which they are employed. The tardy ad-
vancement, however, of the work, is in no case to be attributed to this cause,
but will be found to result from the tedious and laborious process of cutting
the rock — particularly the ornamental parts ofHhe entablature, a branch of the

. 4

■work where the lack of skill, or fidelity, cannot in justice be charged ; for
a more faithful and steady set of hands, of this description, are scarcely to
be found on any job of the kind.

The general plan of the building is now considered as being settled, and
drawings made out accordingly. In the few deviations from the original
design, the Commissioners have been guided by the advice of the highest
architectural skill, as to their propriety; and as being improvements in the
beauty of the edifice, and a saving in the cost. These plans will be sub-
mitted by the Superintendent, with every necessary explanation, to any
Committee which may be appointed by your honorable body, to report on
this subject, to enable them to understand; satisfactorily, what has been
done durine the present year. And he will exhibit also, the accounts of the
ivork, which will be found to be arranged with method, and conducted
with the utmost accuracy, — presenting no difficulties whatever, in tracing
the object of every expenditure.

It will probably be expected of the Board, to furnish an estimate of the
cost of the building, and of the time it will take to complete it. In arriving
at any thing like correct conclusions upon these inquiries, will be readily
admitted to be difficult and uncertain ; — the Board will, therefore, hazard
only the best calculation they have been able to make ; and should ii fall'
short, in the result, they are confident that the difference will not be so great
as to induce the Legislature to believe they had been intentionally misled^
by the Commissioners on the subject.

There have already been appropriated, two hundred thousand dollars ;
of this sum, there remained unexpended, twenty-two thousand nine hun-
dred and seventy dollars, on the first of the present month. To meet the
disbursements of the ensuing year, the same amount as was appropriated
in the last year, say seventy-five thousand dollars, will be required ; and
the further sum, thereafter, of twenty-five thousand dollars, will, it is be-
lieved, complete the building ; making its whole cost, three hundred thou-
sand dollars.*

In regard to the time in which it will be finished, the Commissioners arfr
of opinion that it cannot be effected much earlier than this time two years.
Should the cost of the building- exceed the expectations of the Legisla^
ture, the cause will be found in the previous underrating of the magnitude,
style, and general character of the work. They have only progressed with
the execution of the plan, in the manner it had commenced, and continued
tjnder the sanction of previous Legislatures.

In conclusion, the Commissioners have to remark, that in the organiza-
tion of the work, with a view to its progress and economy, they cannot per*
ceive in what manner it may be materially improved. The Architectural?;
knowledge and practical skill of Mr Pat'>n, the superintendent, in directing
its execution, together with his entire devotion to the duties of his situation,
entitle him to the confidence of the Legislature. And, in fact, the Bosses,
or head Mechanics, over the various branches of the work, are capable, stea-
dy, and faithful.

I have the honor to be, respectfully,

Your obedient servant,

BEV. DANIEL, Chairman.

*This estimate, in the opinion of the undersigned, one of the Board of Commissi onfere^
3toolov. S. F. ?ATTEESON.

' ' - [No. 9.]

Legislature of North Carolina — 1835.

SBlSF®mffi

TM^ .inJfUT^J¥T ajE:jrJEJR.lIj

ITOHTH GJAROLinAj

1835.

RALEIGH :
P/bUo "White} Printer to the Stat«<

1335.

cM,

'«fv

Raleigh, 80/A November, ioSS
To the Honorable the General Assembly of North Carolina.

Gentlemen* ; Under cover hereof I have the honor to submit sundry Ab-
stracts, &c. marked from A. to D. embracing all the information required by law
to be communicated annually from this office to the Legislature in relation to the
militia, to wit.

Abstract exhibiting a general view of the organization and strength of the Militia
Marked A.

Ditto of Public arms B.

List of delinquent officers C.

Roster of General officers D.

The arms which were deposited at Fort Johnson have been removed in obedi-
ence to a Resolution of the last General Assembly, and placed in the Arsenal at
this place, except four pieces of Ordnance; they have been left at Fayetteville,
where the necessary accommodation for them in the Arsenal there could be had,
which had not been provided for in the Arsenal in this place,

I could again respectfully invite the attention of the Legislature to the present
condition of the arsenal at the former place, which for several years past for want of
repairs has been in a condition to render the arms liable to much injury from the
exposure in consequence thereof, and ere this, it is believed, they must have suf-
fered materially. And as an accession of arms, under the standing appropriation
of Congress, of the State's quota for the last four years may be calculated on in the
course of the ensuing year, the necessity of that Arsenal being placed in a condition
for thc'ir reception, or at least a part, as the arsenal at this place will not be suffi-
cient to accommodate the whole, becomes more urgent. In fact the two arsenals, with
the number of arms already in them, Vvill not be capable of containing those that are
expected. I would beg leave therefore to suggest, whether it would not be advisa-
ble to distribute among the militia at the expense of the Slate, the whole of the
arms no'w at Fayetteville, and the loose arms in the arsenal here. Those in boxes
in the Arsenal at this place, are new, and in good condition, which together with
the annual accumulation, under the appropriation of Congress, will enable the State
to hold, hereafter, in readiness at all times a competent number of efficient arms for
any emergency.

In recommending this measure, it is under a belief that the cost of repairs,
cleaning and keeping in order injured arms, will be found to be attended with an
annual expense not warranted by the object to be gained. But to distribute them
in the way proposed Avould, upon the whole, be converting this description of arms
to a use that, in the resuU, would be more bezaeficial to the State than returning theiik
ia their present situation.

^HiL I have the honor to be,

Very respectfully, Gentlemen,

Your obedient servant,

BEV. DANIEL

ARSTRACT, exhibiting the strength of each Regiment, Brigade and Divisiou
of the Militia of North-Carolina ; the description and number of arms, and
manner of distribution of those belonging to the State, in the several counties,
as authorized by Act of Assembly.

ARMS

PUBLIC ARMS.

■a
a
be

til

5 Counties.

s "

170

Currituck

833

389

Camden

638

308

Pasquotank

265

Perquimons

566

453

2302

264

1150

Bertie

536

373

Chowan

430

320

Gates

567

404

Hertford

550

387

2083^

1484

4385)

267

2634

Bladen

599

336

Moore

782

276

Cumberland

500

218

393

101

Columbus

385

300

Sampson

926

16
240

598

3585J

1441

522

105

Anson

470

258

649

219

304

Robeson

42
43

595
262

94
155

216

27
100

Richmond

51
93

766
28C

110

18
8

275

214

3022

139

994

665

■

I 2

, 6607

; 139

515

2335

1187

170

Chatham

531

136i

r 641

692

176

184

Orange

685

408

))

780

348

125

839

184

210

Randolph'

491

312

))

7
59

335

133
133

7
196

316

4353

1329

1266

Caswell

1083

666

Granville

533

379

447

578

Person

772

104

300

366
1989

2835

137

7188

133

3318

1403

154

Rowan

693

216

254

1277

398

397

Davidson

667

113

305

799

149

434

3436

105

876

1390

Lincoln

' 784

410

113

1578

138

719

Rutherford

613

304

709

134

324

590

168
8

106

241

4264

819

1701

130

Mecklenburg-

684

241

185

))

683

214

281

Cabarrus

730

227

244

Montgomery

501

186

270

529

196

319

Volunteer

5
14

309

120
202
475

120
120

3436

1148
2843

1372

11136

4453

315

Buncombe

483

353

580

370

Yancy

595

41.n

Haywood

683

159

Macon

90
~5

847

410

3188

123

1707

Burke

579

203

310

433

249

Yancy '

330

201

Iredell

728

251

328

15
2

765

111

251

187
437

298

6
11

2855

2-29

1386

201

6043

229

O '** o

560

309S

201

New Hanover

30 779

601

Brunswick

39' 488

60| 325

Onslow

■U G45

23| 442

Duplin

31: 783

4
160

611

4 2695

1979

Jones

25 308

5i 171

Lenoir

26, 435

261

Wayne

40 743

497

Johnston

28 884

422

88
118

4 2370

lis

278

1351

3330

403

176

8 5065

211

222

Edgecombe

20 573

21 599

28 308

120

Martin

13 659

484

Halifax

14 449

252

>(^

15 530

Northampton

16 828

520

1967
454

6 3638

157

301

•

Nash

22. 656

Warren

23 581

7 331

Wake

35 743

321

36 846

346

169

Franklin

29 610

407
1859

5 3436

271

11 7174

3826

277

351

Carteret

17 437

1 400

Craven

18 375

.154 194

200

Pitt

19 9S3

650

100

Greene

17
4

364

188

2159 ,

154:143'^

385

■

Washington

n s

406

246

Beaufort

1230

191

705

100

Hy(ie

639

450

Tyrrell

7
4

8
57

632

2807

100

427

581

325

"T"

1726

147

532

4966

3158

Guilford

684

295

206

739

200

279

Rockingham

67
91

869
637

374
233

Stokes

65
66

587
747

243
264

260

Volunteers

6
46

498

258

180
211

182

206

290

4761
924

1791

1026
767

Ashe

Surry

72
78

735
754

150

151
113

220
292

Wilkes

761

640

377

3714

202

385

1656

8475

34(;

413

1186

2662

164

61019

841

•216

19364

1686S

1890

617

C^fF-^J/BV.

-a
<u
a
o
'S

-2 »i

ssioned.
iasioned
usicians

es.

Arms and Accoutrements. |

Arms belonging

to the State.

o
o

•5 S g ^

H .

'—1

a I Com I
on-Conn
aiccrs,
d Priv

C 91

C (U
to

rt 0)

n
£

d ^

3&0 ^

236

241

121

144

:-7

236

: 286

133

140

: 69

22 ' 7

80 [ 80

^Total,

119

920 703 1 719 1

■16 J

177

^RTMIjIjER^,

-a

c S 2

Ordinance

and Accoutre men is.

Slate

Arms

tss

e
0
0

0 2 y

'So

S cj

0 ta

al Commissi
oa-commiss
f&cers, musi
nd privates.

s
0

£9

PS5
-a .

-3

S.
5

2
p..

(«!

.3
'5

-^^

0
0

!- G o e<

3
0

3
5I

i2
0

«o

►J

<1
4

!l!

131

i 54

Infantry,
Riflemen,
Cavalry,
Artillery,

RiiC A PITUL ATIOiir.

61,019
841
920
131

62,911

Arms BelonsUi? t« tlie State.

-3

-TS

0
0

3
0

Places of Loeation.

0 <«

0
0

€

'^ t

- £

0
<

S rt

0
500

0)
f5

sixpo
Can

Arsenal at Raleigh,

3414

1580

3310

1504

Ditto at Fayetteville,

1608

205

191

205

In the hands of the Militia

3725

517

33.5

8747

1785

517

335 774;3310

1709

t€.)

th ^efufTti to the Adjutant GeniYal :

Bi-igadi^r ol the Isi Brigade,

Colonel-s 6f the (Wth Hegimefit,
.. .. jgjjj

" *' 13th
" " 21trt

In ileturks to the Major Generals :

Brigadier General of the lst"Briga3e,
" " " " 13th "

Jn Returns to the Brigadier Gtnerah:

'Colonels of the 79tb, SOth, ^Ist, 933, S^d, SSth,
30th, ^8f6th, '«2d, 83d, J4tb,
17th, "27th, "24fh, ISlst, l-dirh,
67 th, Seth.
Tn^viem :

S^IajoT GenBTaltrfthe 2d Di^mion.

Ro^er of General Offieeris.

1. IKajor Genera] Duncan McDonald, 27th Deceinber, lt[20.

2ist " •1522.

15th " 1828.

7th January, 1831.

Decern., :i-S32.

27th " tlfiSS.

mm.

\iesA.

Brig. Gen.

la mes "M'^&y ,
M. T. Hawkins,
Nathan Whitfield,
J. J. Pasteur,
Thomas G. Polk,
R. C. Gotten,
Philip Iron,
DcV.d Newland,
William Gregory,
Alfred Dockery,
L D. Wilson,
!H W. Ayer,
N. Washington,
Joseph Arrington,
Wm. Allen,
Alney Burgen,
Joseph Winston,
James Cook,
W Horton,
Edward Bryan,
H. Gr^Spruill,
'John Pipkin,
Benj. Brittain,
Wyatt Moye,
Thomas Graves,
Joseph Mi§on.

SOth " 1823

10th " 1827

27th " 182r

29th " 1827

30th " 18^

SOth " 1830

1st January, 1831

2d " 1831

15th Decemher, a8ai

15th " 1833

.16th " 1833

20ch " 1833

Mrh " 1833

ss-.:

> [No. 10.]
Legislature of North Carolina 1835-*

REPORT

Board of Internal Improvements

HORTBl CA.U01il^X^

1835.

■^M^A A A#MM* ^■^"■*

RALEIGH :
Riilo White, Printer t« th« Statfi
>• *•• ... •*•

Icf35.

ExEcrxivE Department, N. C. )
Raleigh, Dec. 7, 1835. ]

To ih^ General Assembly

of the State of North-Carolina :

I have the honor to communicate herewith, the Report of the Board for

Internal Improvements for the present year.

DAVID L. SWAlNr

REPORT.

To the General Assembly of the Slate of North- Carolina.

In obedience to the requirements of the act passed in 1819, entitled " an act
to create a fund for Internal Improvements and to establish a Board for the man-
agement thereof," the Board respectfully submit the following report :

The fund set apart for Internal Improvement consists at this time, of the sum
of twenty one thousand two hundred and twenty two dollars and ninety six cents
in the public Treasury. The dividends of profit, which may be hereafter declar-
ed on thirteen hundred and fifty eight shares in the capital stock of the Bank of
Cape Fear, and the amount due on bonds given for the purchase of Cherokee
lands, which may be estimated, principal and interest, at about forty five thousand
dollars, after deducting the probable loss from errors, insolvencies and the cost of
collections.

By a report which is hereto annexed and marked A., it appears that the'
commissioners appointed by an act passed in 1829, chap. 14, are prepared tore-
fund the two thousand dollars, loaned to them to be used in improving the road
from Old Foit in Burke county to Ashville in Buncombe county, if the General
Assembly shall require it, or with its approbation, to employ it for a longer time in
effecting further improvements. As the convenience of that section of country
may be much promoted by such improvements, it seems proper to permit the
commissioners to renew their bonds, and to continue their operations for the further
improyement of the road.

The report from the Roanoke Navigation Company marked B,., exhibits a
foil and satisfactory exposition of the affairs of that company ; and shows a decid-
ed increase of trade on that River. The report from the Cape Fear Navigation
Company, marked, C, shews a small increase of cotton, and a falling off in the
quantity of Flour, transported on that River, and slight variations in other ar-
ticles, but upon the whole, there is no very material change in the trade.

The Cape Fear Navigation Company claims to be reimbursed from the State}
the sum of one hundred and fifty seven dollars and twenty five cents.paid for removing,
cleaning and storing away the dredging machine formerly used on the Flats be»
low Wilmington. By a resolution passed in 1831, the General Assembly re-
quested the Governor to have it secured in such a manner as to preserve it from
ruin. Whether the Governor placed it in the care of the Company or not, it seems
to be equitable that the State should pay for the removal and storage of its own
property. As the charge for storage will be continually increasing, and the dredg-
ing machine decreasing in value, it is respectfully recommended that the Governor
be requested to have it sold, and the expense incurred for removal and storage to
be paid out of the proceeds. The company also sents up a claim against the State
for a balance of the State's subscription for stock. According to the Books
of this Board there is no balance due, and if there be any, the company has not es-
tablished their claims in a satisfactory manner.

A communication from Gen. W. K. Armistead of the U. S. Army, marked D, ha?
been submitted to this Board, together witji a plan and estimate of the cost of open*

4 .

Roanoke Inlet by means of a canal and locks, of dimensions sufficient to admit ves-,
sels drawing eighteen feet. He estimates the cost as follows:
Excavation and Masonry - - - - - $475,000

LockS;&c. ..... 16,000

Breakwaters - - - - - 60,000

Light Houses ....... 20,000

Tow Path ...... . 25,000

Flagging Bottom - - - - • - 30.000

Horse Machinery, subsistence, &c. • * - 35,000

Contingencies ....... 39,000

$ 700,000
If the work can be effected and made permanent for a sum anything like this
estimetle, the Board could have no hesitation in recommending it. The importaace
of the object proposed to be accomplished by it, has for a long time attracted public
attention, and various plans to effect it have been heretofore proposed, all of which
have been laid aside or suspended. The one now snbmitted, deserves to be serious-
ty considered, and further investigated.

• Another year's experience in adjoining States, has increased the public confi-
dence in rail roads, as affording the best means for the transportation of persons
and property over our country. The successful construction and operation of rail
i;oads elsewhere,. produces a aesire among our fellow citizens to have the same fa-
cilities introduced into our state, and several charters have been granted for that pur-
pose ; but hitherto, that desire has produced but little more than " hope deferred."

(A.)

REPORT

Of the Commissioners appointed to lay off the Road leading from the Old Fovi
in Burke, to Asheville in Buncombe.

To the Honorable the General Assembly of the State of North Carolina :

Gextlemen : In pursuance of an Act passed in the year 1829, appoint-
ing-us as Commissioners to lay oft' and improve the road leading from the old
Fort in Burke county, to Asheville in Buncombe county, across the Ridge at the
Swanano Gap, we now, for your satisfaction, ai^d in obedience to said act, trans-
mit to you the following Report :

We have used our endeavours to improve said road, as much to the pub-
lic advantage as our funds would admit of And we believe, to the satisfaction of
all who have viewed it ; and have, on the 4th day ot February 1832, erected a gate
for the purpose of collecting tolls to enable us to refund the sum borrowed, ($2000)
and we have succeeded tolerably well in collecting the same. But from the local
situation of the road, it has required considerable of the funds to keep it in repair •
and we wish to accede to your liberal proposition, in a subsequent ac^, to give us
four years longer to refund the money, which will enable us to make considerable
improvements immediately, which are required, and to keep the same in good re^
pair : we are now ready to file our bonds with the Governor, for the faithful per-
formance of the same.

JNO. BURGIN,
G C. ALEXANDER,
November 20th, 1835. S. W. DAVIDSON,

N. B. John Rutherford and James Patton, the other commissioners, not present.

(B)

REPORT
Of the Directors of the Roanoke Navigation Company.

The Directors of the Roanoke Navigation Company, respectfully submit the
following report to the Stockholders in general meeting assembled. For informa-
tion relating to the business of the preceding year, we refer you to the report pre-
pared in November, 1834. No work remaining to be done, on vi^hich the hands
could be employed during the winter and spring, it was thought advisable for the
interest of the Company to employ them on the Portsmouth Rail-road, which was
done by our Superintendant, Col. A, Joyner ; and to his report, we must refer you
for a detailed account of the transaction.

About the 20th of May, agreeably to previous arrangements, the overseer and
hands left Weldon for the purpose of making the necessary repairs to the works
above, and such farther improvements as the navigation required ; but owing to the
high water during the early part of the summer, it was impracticable to do the work
so efTectually as we had anticipated. Some important v/ork, however, was done at
Eaton's Falls, at Milton and Danville. They then proceeded to the neighbour-
hood of the Upper Saura Town, a distance of fifty miles, making such improve-
ments as will place this part of the Dan in a condition for profitable use.

After descending Dan river to its confluence vvith Stanton, that river was as-
cended to the town of Salem, in Botetourt county, Virginia. Profitable work, we
flatter ourselves, has been done at several points on this river, and the principal ob-
stractions removed, so as to make a safe navigation from that place, except at very
low water. After doing some other work in the Roanoke, the hands were station-
ed for the winter at this place, about the 20th October. They are, at present, em-
ployed in the service of the Bridge Company, but will soon resume the work en*
gaged to be done on the Rail-road.

Tile improvements of the Roanoke and its main branches, imperfect as they
lire, now afford a safe and convenient batteau navigation. It will be required, and
is in the power of the Company, greatly to add to the facilities now enjoyed, an4
when we look to the increase of the tolls during the past year, and the rapid progress
of the Rail-road improvements connected with, and looking to the valley of the
Roanoke for support, we are warranted in the gratifying expectations, that the day
is not distant, when the great benefits which were anticipated from the incorporation
of this Company, will be realized.

We herewith submit the Report of the Treasurer and Toll Gatherer, whicb
exhibit a full account of the receipts and disbursements of the past year.

SAMUEL PANNILL, P. Protenv
Weldon, Nov. 9th, 1835.

KEPORT,
To the President and Directors of the Roanoke Navigation Company.

In the Report submitted to the Board at their meeting in November last, I
conitiinnicated the fact, that the lockafj;e at this place had been finished, and it will
be in the recollection of the board, that during its session at that time, a batteau
•vvas passed through the locks to the river, and returned into the basin. In the
latter part of the same month, a freshet occurred in the Roanoke several feet higher
than any other which has happened in a period of forty years. The high banks
oneither side of the lockage had been sloped more than is usually considered ne-
cessary to prevent sliding, and some hope was entertained that no damages would
result from this cause.

The banks being completely submerged and heavily saturated with water,
as the river subsided a large body of earth was detached from the banks, whcb,
pressing with irresistible force upon the lower lock, thrust in the sides. This
lock being situated in the river, if the necessity for promptly repairing had been
ever so urgent, the work could not be accomplished, with the means at the dispo-
sal of the Company, until the latter part of spring, when the river usually becomes
low. Fortunately there existed no such necessity. I'he locks being of great ca-
pacity, adapted to the navigation of Schooners, and being six in number, the pas-
sage of lighters through them must be necessarily slow and tedious, and it is of
easy demonstration, that produce can be drayed to the wharf, and thus carried ofTJ
Tvith quite as much expedition, as through the locks, were they in the best condi-
tion. Under these circumstances, when the spring arrived, being deeply impressed
with the conviction, that neither the interest of the company, nor any other inter-
est, required the locks to be repaired, nothing was done to that end. Indeed, if the
necessity of reparation had been clearly obvious, I would have hesitated to break
in upon that arrangement of the Board, which pointed out distinctly in what man-
ner the forces under the control of the company vpere to be employed during the
spring, summer and flill, of the present year. If the river below this place was
to continue to be the channel through which the products of the upper country
are to seek a market ; I am unable to see that its transportation would in any de-
gree be facilitated by the use of the locks, were they put in the best possible order ;
because, as already stated, produce can be drayed to the wharf with as much ex-
pedition, and as cheaply too, as it can be carried through the locks. But it is now
most certain that new channels of transportation to market, will soon be opened
for the produce in question, and will as certainly supersede that hitherto used.
The Portsmouth and Roanoke Rail Road will unquestionably be brought to this
place, in the course of the next summer, over the bridge now progressing at this
place. As soon as this work is efTected, all the produce destined for the markets
of Norfolk and Portsmouth, will be transported on this road. The Petersburg
rail road company may, if they please, avail themselves of the facilities which the
bridge will afTord, and if thev decline this accommodation, then the contemplated
rail road from Green"ille to Wilkins' Ferry will be cons'tructed, and the produce
intended for Petersburg, will take that channel of communication, so that under
every view of the subject, there would seem to be but little necessity for repairing
the lower lock.

More than one hundred hogsheads of tobacco per day have been delivered
to the lighters at the wharf, and if the trade of the river should so in-
crease before the rail roads are finished, as to make the delivery of a larger quan-
tity desirable, nothing more is necessary than to add a few more drays to the
number already employed in thisbnsiness. If the lockage should turn out to be
an unprofitable expenditure of money, as s°ems almost inevitable, the Board may
well solace themselves with the reflection, that the expediency of these locks was
cocs'.acily denied by them, and their construction firmly resisted for several year»

... *

under the heaviest denunciations, and finally assented to, only in obedience tc>
the declared Avill of the Legislature of North Carolina. There" is however some
consolation in the certainty, that the expenditure is not entirely useless. The
locks afford excellent seats for milling-, and other purposes, and in this way may
be used to considerable advantage. I have thus thought it my duty to bring this
subject to the consideration of the Board, and it remains for them to make such
disposition of this matter as in their wisdom may seem best.

It will be recollected by the Board, that the plan of operations adopted by
their resolution of the 22d November last, for the employment of the hands of the
company, embraced two principal objects: First, during the winter and spring to
cmj)loy them in constructing a part of the Portsmouth and Roanoke rail road in
this neighborhood, or to hire them out to some contractor: And secondly, in the
month of May, to send them to the mouth of Mayo river, where it empties into the
Dan, at which point the sluicing operations for the season were to commence.
In the prosecution of these arrangements, the Company's force did not arrive here
until a few days before chritmas. A contract was immediately made to construct
the embankment of the rail road from the basis of the canal to the river, at ten cents
per square yard, which I learn is the highest price paid for similar work on the
whole line. The necessary preparation having been made, the work was com-
menced as early in January as possible, and industriously prosecuted until about
the 20th May, being subjected only to those occasional interruptions made indis-
pensable by necessary repairs on the middle lock and canal. Nearly two thirds
of the embankment is already finished, pnd the remainder can probably be com-
pleted in about three months The hands of the company are now employed in
the service of the Weldon bridge company, at 813 per month each, the Roanoke
Navigation Company to furnish them with provisions and tools, and will be thus
employed, unless otherwise directed by the Boaid, for a few weeks,when the work
on the embankment will be resumed.

I have no particular information touching the improvements made to the
navigation of Dan and Staunton rivers, during the past summer and present fall.
This information will be afforded by those to whose superintendance the work
was committed.

Respectfully submitted,

A. JOYNER.

Weldon, 9th Nov. 1835.

REPOTIT ,

To tht President and Directors of the Roanoke Navigation Company,^
By A. Joyne",\ Treasurer.

Yhe undersigned respectfully reports, that the balance remaining in
the hands of the Treasurer, on the 1st November, 1834, as per set-
tlement on that day, amounted to - - - - 84,701 23^

^ince which period, the following sums have been received, viz.

Dividend of 3 per cent, declared 1 5th January 1835, on 30 shares of
stock in Farmer's Bank of Virginia ' - - - 90 00

gales of 15 shares of stock in Farmer's Bank of Virginia, sold by
Joseph Marx and Son at 107 50 61,612 50

Deduct their commission 7 50

1,605 0(J
Di^':,dcnd of 3 per cent, declared 15th July 1835, on 15 shares of stock

in Farmer's Bank of Virginia 45 00

Gash received of Baily and Cram for hire of negroes 81 68

Cash received of A. Joyner for hire Joe 2$ days 1 25

Wm. V. Taylor and Nath. T. Green's Bonds 2,215 76

Interests received of Wm. V, Taylor and Nath> T. Green on their

bonds $176 98

Deduct Geo. D. Baskerville's expenses for eollecting 25 00

151 98

Cash received of Dr Brodnax for 300 feet old plank 3 00

Benj. S Long's bond - - - . • • 110 00

Interest on Benj. S. Long's bond - - - - 33 88

Tolls collected on Roanoke Canal from the 1st November 1834, to

1st November, 1835, - - - - $7,423 40

Deduct T. T. Wiatt's, commission for collecting 371 32

7,052 08

Received for 1 raw hide sold James Shaw - - ■ 2 00

Cash received of Smith and Joyner for water rertt • - 75 00

Do do Jabez Smith, do do do - - 400 OOO

Received of stockholders ...... 703 94

Part of David Shelton's bond ...♦-•• 43 37

^17,315 17^

And that during the period aforesaid, the following disbursements
and payments have been made. Outstanding debts at last settlement
on 1st November, 1834, and expenses incurred since $4,744 9U

Paid Stock-holders on account of dividends • 2,968 50

»- 7,713 41j

Balance in hands of Treasurer ^$9^01J76

The undersigned begs leave to call the attention of the Boatd to the
state of the dividend fund, as it will enable the Board, if it should be-
come their duty to act on the subject, to determine the amount of
dividend to be declared.

The balance remaining due to the dividend fund, after declaring the

3rd dividend, amounted to ^^''^ ^^

Amount of nett tolls collected since last dividend declared 7,052 08i

Amount xcceived for water rents *• * • 475 OQ

88,002 34

10 ^ .

The whole amount of Stock owned in the Company is $412,000 — of thi^
sum $13,000, belong to the Company for shares purchased at sales of stock stand-:
ing in the names of delinquent, insolvent Stockholders, which being deducted
leaves $399,000, upon which the present dividend is. to he "declared. A dividand
of 2 per cent, on this latter sum will amount to $7,980, and will leave a small sur-
plus to the credit of the dividend fund of $25 34.

Respectfully submitted,

November 9th, ISZ5. A. JOYNER.

State of the Roanoke Navigation Company, 9th November, 1835.
Capital Stock subscribed by individuals, $282,000 00

Ditto do by State of Virginia 80,000 00

Ditto do by State of N. Carolina 50,000 00

412,000 00

Aggregate of requisitions made on stockholders 412,000 00

Amount paid by stockholders .... 398,826 72

Amount due from stockholders - • • 13,173 28

412,000 00

Expended on the work from its commencement, and in the purchase of

negroes and other property - - . 416,18117

Resources of the Company.
Balance due from stockholders as above - 13,173 28

Cash in hands of treasurer - , - . 9,604 76

15 shares of stock in Farmer's Bank of Virginia estimated

to be worth - - - - 1,680 00

Due from Portsmouth rail road company - 1,000 00

36 negroes - - - - 14,400 00

Tools and other property - - '. 1,000 00

Liablities of the Company.

Debts due by the Company - - 850 00

Due to stockholders ou, account of 1st, 2d and 3d 4,806 50

Dividends - ... 8,005 34

40,855 04

13,661 84

For receipts and disbursements during the year, see treasurer's report.
Arnount paid stockholders on account of 1st, 2d. and 3d, dividends 13,125 00

A dividend of 2 per cent, declared 9th Nov. 1835 7,980 00

A. JO YNER,- Treasurer.

Roanoke Nav. Com,

REPORT

Of the Agent of the Cape Fear Navigation Company, to the Board for Internal

Improvement. '

A general statement of the accounts of the company as below, at their last
annua! meeting, is herewith submitteJ. You are referred for a more particular
explanation of ilie different items to former reports, especially that of 1832, it be-
ing, I presume, unnecsssary to transcribe them.

During th;» year ending 30th May last, there was expended on the river be.
tween Wilmington and Favelteville, in removing logs and other obstructions from
the channels of the river, and in making some repairs to the machinery used for
the purpose, the sum of $1708 74. And the company have had a gang of hands
at vi^ork from the first of June last, until the present time : As the result of their
labor, there has been a decided improvement in the navigation, it being better at
this time than it ever was before, the ri^er being .equally low. *

The tolls which a^^crued from 1st June, 1834, to 1st May, 1$35, being 1 1 .
months, amounted to $4598 26. And the following articles were transported on
the river, viz:

DO TFiV— 14,731 Bales of Cotton,
1,567 Biirrels Flour,
252 Hhds, Tobacco,
16 Barrels Spirits,^
325 Bushels Grain,
1714 Casks Flax Seed, (7 bush, each,)
$352 20, Freight on articles not enumerated — tolls at IQ
per cent, on freight.
UP— 52,774: Bushels Salt,

2,892 Hhds and Pipes Merchandize,

4,790 Barrels, " '

338 Tierces "

3151 Tons Iron,
1838 Casks Lime,
$13188 80 Freight on articles not enumerated — tolls at 10 percent'
Nothing, I believe, has been attempted on the river above Fayetteville, the
past year. The money expended below, has been part of the accruingtolls. Your
attention is again respectfully directed to the claim this company has for money
expended on the old dredging machine, (see former report) and also to the bal-
ance due on the State stock.

Allow me also to suggest, that measures should be taken to dispose of the old
engine of the dredging boat ; it is on storage, and will, in all probability, be aa
entire loss to the State, unless disposed of soon.

All which is respectfully submitted,

By order of the Board of Directors,
c GEO. McNElLL, Agents

Fayetteville, Nov. 9ih, 1835.

Stale^ of North Carolina,

To Cape F^ar Company, Dr.

1833, Oct.: To Cash paid Capt. Liws, (or removing from Flats, cleaning, and

storing away old engine, .... 125 00

To Cash paid expenses of Agent to Wilmington and

Flats, autoorising the same, - . - - 22 25

1834, Aug. : To Cash paid one year's storage^ (one year's storage

now due) ■■ 10. 00

$157 '■25

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(B) 18

Fort Monroe, June 19th, 1835.

Sir: Accompanying this, you will receive a plan of a Canal to restore the-
navigation of the former mouth of the Roanoke river. This project 1 have the
honour to submit ior the consideration of yourself and the Legislature of your
State.

The work is designed to connect Albemarle Sound with the ocean, and I
4o not hesitate to say, that I can see no insurmountable obstacle to the accompiish-
znent of this great and important improvement to the navigation of your State.

I have had the project in contemplation many years, and my experience con-
firms the opinion I entertam of its practicability. It will be the means of introdu-
ping ship navigation into the very heart of your State, and if to this, be superadded
a system of connecting Canals and Rail-roads a union of your most valuable rivers
wiil be attained, and the inland Commerce of the State be increased beyond any
possible computation.

A glance at the mapof your state is sufficient to convince any one of the feasibi-
lity of the undertaking. The district through which the proposed improvements
are to be conducted, affords many natural advantages — suf^h as a level surface of
<:ountry, soil, water courses and building materials. The effects of cutting canajs
through the proposed route, will be to reclaim many tracts of useless waste lands
by draining the swamps in the vicinity of the route, and is not unworthy of a consi-
deration.

Rail Roads leading to the Roanoke, the Chowan, the Meherrin and their tri-
butaries could be constructed advantageously. Pongs Run could be united with the
Roanoke hj a canal from Washington to Plymouth, using Welsh's Creek as a
part of the canal if it proved of sufficient depth, but if not, then as a feeder. These
are merely hints thrown out for consideration from an imperfect examination of
the localities; a reconnoisance made by an experienced Engineer would doubtless
be the means of discovering still more favourable routes than I have proposed.

The suggestion m relation to the canal across the Sand Bar, are offered under
the firmKr conviction, that the S.vash near Ocracock Inlet can never be made navi-
gable for a larger class of vessels than now can pass it : whereas the plan which
i have the honour to submit proposes a depth of eighteen feet of water, or more
between the Ocean and the Sound, and thus giving another Sea port to the 9:fp,te.

The objections to the project I can readily anticipate, the most formidable of
which will doubtless be, the impracticability of keeping the entrance of the canal
ynobstructed by sand, but I am confident that this difficulty, can be easily obviated
by the construction of breakwaters, by taking advantage of the superior height of
water ^at times) in Albemarle Sound, and by the use of proper machines at either
Q^cteremity of the canal

The advantages afforded to commerce vnW be great, and the benefits resulting
to the state of North Carolina, incalculable, and so apparent, that I deem it un-
necessary to detail them here. It is my opinion that, should the canal be put into
operation by the state, the tolls arising from it would so far exceed the interest upon
the original cost, as to uLimately liquidjte the whole expendilm-e.

.Should the Legislature feel any wish to give action to these suggestions, they
will always find me willing to render any service or advice to their local Engineer,

The Estimate of Cost is attached to the plan together with explanations of the
different parts of construction. The material most required in such a construction
will be stone of proper dimensions and durability. Tuis material, it is presumable
can be procured at the falls of the Roanoke at no great expense, or at some point
nearer to the place of operations.

I have the honour to be. Sir, very respectfully,
Your obedient Servant.

W. K. ARMISTEAD Brig. Gcn'l U. S. Amp.
Hi^ ExcUency, the Governor oj the Stale of North Carolina.

(E)

Windsor, Nov. 14, 1834,

Genllemen: In consequence of the Legislature declining to subscribe at
its last session for more stock in the Plymouth Turnpike Company, the Direc-
tors have been unable to do any thing towards putting the road in a state fit
for travelling. It is known to you, that the contract of Horace Ely not having
1)een completed within the time specified in said contract, the completion of
it was put up to the lowest bidder, and was undertaken by Henry A. Davis,
who has some time smce finished it. By the contract executed between the
Directors and the Contractors, the DirectoiS had to appoint Inspectors when-
ever the contractors informed them that their \\orkwas done, whose report
was to be final and birftling upon both parties. In the case of each of the ori-
ginal contractors, a person of respectability and intelligence entirely uncon-
nected with the Board or the contractor*', was appointed to inspect the road
and report to the Board, and if the contract was complied with the payment
Vere made. In the case of Davis, an Inspector has not been sent, though I
.jL am informed by credible persons who have passed repeated be over it, that
it IS as well done as any other part of the road.

The other contractors had finished theirs before Ely's uncompleted con-
tract was let out ; and in the time wtiich it took to finish that theirs is said to
have been overrun with bushes. The contracts required ail the dirt from
the ditches to be thrown on the road and levelled, the directors supposing that
they would furnish a sufficiency to make the road, such as they intend-
ed it to be. They were, liowever, mistaken, and were unable to alter
the contracts; so that they were obliged to receive the road, after all the work
had been done which they had required in their contracts, although the road
was not such an one as the contracts stated it must be.

Tt)e Directors have heretofore applied to the legislature for assistance
to complete the road, and to drain the w^ater from the west end, it having been
ascertained from the cutting of the ditches, that the middle of the swamp is
higher than ihe ed^res, and that the ditches do not drain the water from but
little more than halfway. It is not yet too late, and if the legislature should
this year appropriate about fifteen hundred dollars for that purpose, the west
end may be drained, and the road put in order for use. Every year that
it as postponed, will but add to the cost, it not being supposed to be the
iiitention of the legislature to abandon it altotrether, and lose both to the
State, and to individuals so such money expended, and work done.

Inclosed I hand you my account with the Company as its Treasurer
commencing in January 1830, shortly alter my appointment, and ending
this day, leaving a balance due me of $22 62, exclusive of the work un-
paid and debt due by the company. Ely's accounts will probably bal-
ance or nearly so; while the distance of the residence of Steward's se-
curity (tho' stated as good) makes it at least doubtful. The remainder
of the sum $(50 due Henry Davis, will be paid in a few days.

The account inclosed, will show all the financial operations for the four
years past.

I am, Gentlemen, very respectfully,

Your most obedient Servant,
J. G. ROULHAC.

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■'' Petersburg Rail Roa» Office, )"

23^^ October, 1835. S

Sir-: In conformity xviU the requisition of an act of the General As*
■sembly of the State of North Carolina passed on the Istday of January 1835,
I have the honour to transmit you herewith, " an account of the expenses
incurred in constructinu', and keepins: in repair, that part of the Rail Road
within your State, and the amount of tolls received on the same, " all of'
which please render to your legislature at its next session.

I avail myself of this opportunity to inform you, and through you the
General Assembly of the State of North Carolina, that the Greensville and
Roanoke Rail Road which connects with the Petersburg Rail Road in the
Vicinity of Belfield, and terminates at Wilkins' Perry on the Roanoke, is now
under contract, and will be completed throughout previous to the .1st Au-
gust next ; and I take pleasun? in assuring you, under the authoity of the
directors of both Rail-road Companies, that their zeal is undiminished, and
their efforts will he unceasing to make these improvements meet the ex*
pectations of your fellow citizens m every respect.

I have the honour, Sir, to be, with great respect,

Your most obedient Servant,

CHARLES F. OSBORNE---
To his Excellency, the Governoj- of the State of North Carolina.

In obedience to the Act of the General Assembly of the State of North
Carolina, entitled "an act to enact with sundry alterations and ndditions, an
act, entitled an act to incorporate the Petershurc Rail Road, ch. 63, passed by
the Legislature of Virginia, on the 10th of Feb'y 1830, " passed by the Le-
gislature of the State of North Carolina, on the 1st day of January 1831, the
President and Directors of the Petersburg Rail Road Company respectfully
-submit the following statement :
Average cost of the nine miles of the Petersburg Rail
Road witliin the State of North Carolina, includ-
ing construction, value of land and the value of

the vessels, engines, cars and coaches, - t ^'84,496 33

Average expenses, including wear and tear of engines,
cars and coaches, and repairs of road, within the
State of North Carolina, ..... #6,585 98

The nett proceeds of tolls on transportation including
passeiiirers on the nine miles of the Petersburg

Rail Road within the State of North Carohna is - $6,824 16

These estimates continue the account, transmitted to you last year,
-and terminate the 1st day of May, 1835.

CHARLES F. OSBORNE..
Petersburg y 23c? Oct. 1835.

Goods, Wares, Merchandize, and PtoditcP, iravfipor/pd onfhe RoanoJce Canal,
from Isl Nov. 1834. lo ojsi OcL, 1S35.

6,877

hhds. tobacco,

do feathers,

191

do do stems,

24,343

do bacon,

^ 124

do siigar,

7 20

do raw hides,

10,G46t

bbls. flour,

25::,80G

do goods, at 5 cents per 100,

do sug-ar,

77,922

do dry Joods,

do tar,

9,3b5

giUons molasses,

do pork,

1,518

do wine,

731

do fi^h,

9,179

do domestic spirits.

porter,

1,387

do foreign dp

700

bushels wheat,

627

do Vinegar,

do flax seed,

350

do train oij.

800

do corn,

do spts. turpentine.

do clover seed,

5.921

sacks salt,

352,994

pounds manufactured tobacco,

casks cheese,

30,940

do nails,

546

do lime.

55,620

do coffee,

214 bales cotton,

7,525

do white sugar,

66 boxes tallow candles,

754

do spices,

feet mill stones.

867

do beeswax,

tons bar iron,

3.575

do copoer.

do casting?.

3,230

do seed cotton,

281

do gypsum.

14,590

pounds Gri'^dstones,

m. shingles,

■ Producing m

tolls

- $7,423 40

REPORT

Of tlie Pi-esiilent and Directors of tlie llSuncombe Tarnjjike Co.

To his Exidlency the Governor, a7rd President ex officio oj the Board of
Inter rial Improvement of ^Yorth Carolina.
In obedience to the act of As;>enib!y, the President and Directors of the
Buncombe 'i'urn pike Company, make the following Report, for the last fis-
cal year ending on the 7th of October, 183-5.
There was in the Treasury at the General Meetingin October

1834, the sum of - - - - - $1,765 60

There has been received at the gales of the Company, since

that time, the sum of -. - - 5,7! 5 73^

Making an aggreg.ite of - - - ^ $7,481 3'H

Of the susii in the Treasury at the time of the gfenerai meeting

in October 1834, there was the sum of |5l22 in uncurrent

and counterfeit money, leaving available funds to the amount

o! $7,359 332within the present year. Which has been dis-

buised as follows :
In payment of tiie directory for the last year $296 00

Q"o' Overseers, and (or hire of hands for work done

previous to the meetintjr in October, 1834 398 60

In payment of the dividend of 5 per cent declared

ill Oct. 1834 1,500 00

In payment ofthe Clerk and Treasurer for 1834 100 00

In payment of the dividends of eleven per cent for

1835 - - - - 3,300 00

To Overseers, for hire of hands, gate keepers, and

other incidental expenses in the present year 1,100 78

Makino" the amount of - - - - 6,817 38

Which leaves in the Treasury on the 7th of October, 1835, 663 95J^

The company owe to their overseers and for the hire of hands, debts
which are not liquidated, supposed to r.mount to the sum of .t-:500.

There are no liqniddted debts due th'- company. They have claims

ao-ainst S.nnnel Newland, George Bowen and J. H. Tate and Brothers,

supposed to amount in the agereeate to one thousand dollars ; a part of

which has been sued for, and suit is now pendins: in Buncombe Superior

ConitofLaw. '1 hey have also suits pending against Samuel Allen and

David McLawson lor small sums iinliquirl^ted,

JAS. W. PATTON, Presideip,t, B. T. P. C.

M. A' EXANDER, ( j^^,^,,
D. VA2SCE, lh,ector^.

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[No. 11.]
Legislature of North Carolina — 1835.

:bi:?®iev

OF TBB

ON THE

SUBJBCT OF ^BOJLITIOJV,

RALEIGH :

phllo White) Printer to the StAffk

■••• •••• "•••

1835.

-©©£^-

Whereas, the proceedings of certain persons in the middle and eas-
tern States during the past summer, have tarnished clear proof of a determi-
nation to promote, by means the most unjustifiable and iniquitous, the aboli-
tion of Slavery in the States of the Union in which it now exists ; — and
whereas, as well from the wealth, number, and assiduity of the persons en-
gaged in this criminal purpose, as Irom the means they have resorted to, to
accomplish their designs, serious fears are entertained that our property,
the peace of our country, and the Union of the States, may be endangered
thereby — this General As<'sembly feel called upon by a just regard for the in-
terests and happiness of the good people of this State, and of the oth-
er States, similarly situated, as well as by an anxious solicitude for the
preservation of the Union, which at present so happily unites all the States
into one confederated people, to declare the opinions, and set lorth the pur-
poses of the people of this State, in language at once firm, clear, decided,
and temperate.

When the American Colonies first united for protection from the en-
croachments upon their rights and privileges, made by the King and Parlia»
mentof Great iBritain, they assumed the character of sovereign and inde-
pendent States — they united under an organization which was in strictness,
a league — leaving the direct power of operating upon the citizens of each
State, with ifs own constituted authorities ; and when the present constitu-
tion was adopted, though to all general purposes it constituted the people of
the States one people, with one government, having a direct legislative, ju-
dicial, and executive authority over the citizens, yet it declared by a speci-
fic enumeration, the powers intended to be granted to this government, and
expressly declared, out of abundunt caution that the powers not granted be-
longed to the States respectively, or to the people. At the time when
this constitution was adopted, as well as at the time when the confederation
was formed, each of the States recognized the right of its citizens to hold
slaves. The constitution contains no grant of a power to any department
of the goverement to control the people of any State in regard to its domes-
tic institutions — certainly not in regard to that now in question. It is clear,
therefore, that the whole power of regulating this subject within the State of
N Ca., is vested now in the authorities of this State, as fully as on the day
the Independence of the States was declared; for though much difference ot
opinion has existed as to the principle upon which the grants of power in the
Contitution are to be interpreted, no one has ever had the temerity to as-
sert, that the General Government may assume a power which is not grant-
ed >in terms, and is not necessary as an incident to the proper exercise of a
granted power.

We have, therefore, an undoubted right to regulate slavery amongst
ourselves, according to our own views of justice and expediency- — to con-
tinue, or abolish — to modify or mitigate it in any form and to any extent,
without reference to any earthly authority, and solely responsible to our own
consciences and the judgment of the Governor of the universe. No other

4
State, and no other portion of the people of any other State, can claim to
interfere in the matter, either by authority, advice, or persuasion ; and such
an attempt, from whatever quarter it may come, must ever be met by us
with distrust, and repelled with indignation.

Upon the other States of the Union, our claim is clear and well found-
ed. If they were foreign States, it would be a violation of national law in
them, either to set on foot themselves, or permit their own subjects to set
on foot; any project the object or tendency of which would be to disturb our
peace by arraying one portion of society against another. The constitution
which unites us, and by virtue of which we have ceased to be foreign States
in regard to each other, and have become bound in the closest Union and the
most intimate relations for the promotion of the common defence and gen-
eral welfare, cannot be supposed to have lessened our mutual obligations, or
to have made an act harmless which would have been gross wrong had we
continued in respect to each other as we now^ are in respect to other nations,
in war enemies, and only in peace friends. It is evident, on the contrary,
that every duty of friendship towards each other which before existed, is by
our Union heightened in its obligation, and enforced by'motives the most ex-
alted and endearing. Whatever institution or state of society we think pro-
per to establish or permit, is by no other State to be disturbed or questioned.
We enter not into the inquiry, whether such institution be deemed by anoth-'
er State just or expedient. It is sufficient that we think proper to allow it."
To protect us from attempts to disturb what we allow, and they approve,
would be to support not our institutions, but their own opinions, — to
exercise a supervising power over our legislation, and to insult us with a
claim of superiority in the very offer to discharge the duty which our rela-
tions authorise us to require. As our right is indisputable, to regulate ex-
clusively, according to our own notions, the interior relations of our own
people, the duty of preventing every attempt to disturb what we have estab-
lished, results from the simple fact, that we have established it. And the
propriety and impropriety in the view of others of such regulations as we
have pleased to make, can never either enhance or lessen the duty of such
prevention.

We do full justice to the general sentiment and feelings of our fellow
citizens in other States, and are fully aware that the attempts to injure us are
made by a small minority, — composed, probably, of many misguided and
some wicked men ; and that these attempts meet with no favor, but on the
other hand with marked disapprobation from the large majority of the com-
munities in which they are made. Still it must be recollected that from the
nature of the means employed, the danger to us is the same, whether these
means are put into activity by a contemptible minority, or are sanctioned and
adopted by the whole body of the people. An incendiary pamphlet performs
its office of mischief as effectually when issued under the patronage of twen-
ty, as of twenty thousand persons. Its efficacy depends upon its circulation,
the weight of authority which supports it.

While, therefore, we are justly sensible of the sympathy for ii% and the in-
dignation against those who seek to disturb our peace, expressed by large and
intelliorent assemblies of our northern and eastern brethren, we cannot but
know, that these expressions do in no way diminish our danger. While the
abolitionists are allowed to pursue their course with no other check than the
disapprobation of their fellow citizens, that disapprobation will little affect

them, and hnnrr no support or consolation under the ex'ils that are likely to
befal lis. We ask not sympathy, for we feel not, from the institutions we
possess, that we suffer injury. We ask protection, not to maintain our
authority by force of arms, ior to that we know ourselves entirely adequate,
but we SLSA protection from the necessity of resorting to such force for that
purpose. AVe ask not assistance, to put down insurrectionary movements
amono- our slaves, for should such occur, we are fully able to put tliem down
ourselves. But we ask, tliat our slaves and ourselves may be relieved from

^ external interference. Left to themselves, we belie^''e our slaves a labourin
class aslitde danjjerous to society as any in the world. But we do ask, and
think we have a rik:ht to demand, that others shall not teach them evil, of
•"Which they think not theras'^lves; that they should not be stimulated by the

j^base and violent of other lands, to deeds of bloodshed, of which the evils to ns

t.Avill be temporary — to the slaves themselves dreadful and lasting: ; that we
may not be compelled, by a factitious necessity, to adopt measures of rigor,
which such necessity only could justify. By some it seems to have been sup-
posed, that the practices of the abolitionists cannot be put down by legisla-
tion, consistently with the constitutions of the states in which they live. If

vthis were true, it would furnish no answer to our just comphint, and afford
no excuse to those states for permitting such practices to continue. The
duty, the performance of which we invoke, is binding upon those states, and
they have no right to disable themselves from its performance by an organic
law, more than to refuse its performance by an ordinary act of legislation.
The obligation being perfect, cannot be dissolved b^^ any arrangement of the
party on whom the oblisration rests. If therefore, any such difficulty did in
reality exist, we should have a right to ask, that the organic law which
produced it, should be so altered as to remove it. But does any such dif-
liculty exist? The one supposed is this: That as the abolitionists seek to
accomplish their object by the issue of inflammatory publications, a law to
arrest their progress would be a violation of the liberty of the press. This
difficulty has its origin in a total misconception of what is meant by the
liberty of the press ; which means not the right to publish without responsi-
bility, but to publish without previous permission. If it meant the former,
the liberty of the press would be the greatest curse which could be inflicted
on a nation. Where every man has a right to publish what the pleases, but is
responsible to the law for the nature and tendency of his publication, the
press is free. If he has the right to publish without such responsibility, the
press is licentious. If the latter right exist, it is the only instance known to
our laws, of a right to act without any accountabihty for the action. Every
man has a right to carry arms for his own defence, and that right is as clear
and as important as the freedom of the press ; yet it was never supposed that

'he who used arms for violence or bloodshed, was therefore irresponsible,
because he had a right to carry them for defence.

But it is unnecessary further to set forth the justice of our claims on our
brethren of the north urd east, and their capabihty, if they were desirous, of
complying with our just demands. We believe that our property, the lives
of our fellow citizens, and the peace and harmony of our country, are threa-
tened by the measures of these misguided, wicked men ; and though we
feel the greatest attachment for the Union, and would do all in our power to

strengthen and perpetuate it, yet Ave are not ready to surrender those very

rights and blessings which that Unio!i wa^; formed to protect : And should

{')

the means now adopted, prove incftectual in stopping the progress oi these
attacks on our peace and happiness, wo would invoke the aid of the other
slave holding States, that there may be concert of action in taking such steps
as the occasion may demand.

THOMAS G. POLK,
, Chairman of the Commiilee of 26.

Resolved, That we are ready and willina to make a common cause of
this subject with the rest of our sister slaveholding States, and hereby invile
their co-operation in passing such laws and regulations as may be necessary
to suppress and prevent the circulation of any such publications within any
of said slaveholding States.

Resolved, That altho' the Constitution secures to Congress the exclusive
jurisdiction over the district ceded by the States to the federal government,
yet we should deprecate any action on the part of Congress, towards libera-
ting the Slaves of the District, without consent of their owners, as a breach
of faith towards those states by whom the territory was ceded ; and will re-
gard such an interference as the first step towards legislative action with re-
gard to our own property.

Resolved ,That liis Excellency the Governor of this State be requested to
transmit a copy of these resolutions to each of our Senators and Representa-
tives in Congress, and to the Executive of each of the States of thisUnion%

RESOI.UTI©i\S,
Presented on behalf of the Minority of the Commit tee. ■

1. Resolved^ That North Caroh'na alone has the right to legislate over the
Slaves in her territory, and any attempt to change their condition, whether
made by Congress, the legislatures, or the people of other States, will be re-
garded as an invasion of our just rights.

2. Resolved, That we are ready and willing to make, on this subject, a
■ common cause with the rest of our sister slaveholding States, and hereby in-
vite their co-operation in passing- such laws and regulations as may be ne-
cessary to suppress and prevent the circulation of any incendiary pubhca-
tinns within any ot the slaveholding States.

3. Resolved, That the thanks of this State are due, and the kindest-
feelings of the Citizens thereof are cherished towards their brethren of the
North, who have magnanimously sustained the principles of our Federal
Government, and recognized and maintained our rights against the fanatics
of those States.

4. Resolved^ That our sister non-slaveholding States are respectfully re-
quested to enact penal laws prohibiting the printing within their respective
limits, all such publications as may have a tendency to make our slaves dis
contented with their present condition, or incite them to insurrection.

5. Resolved, That although by the Constitution, all legislative power over
the District of Columbia is vested in the Congress of the United States, yet
we would deprecate any legislative action on the part of that body towards
liberating the slaves of that District, as a breach of faith towards these States,
by whom the territory was originally ceded, and will regard such interference

tas the first step towards a general emancipation of the slaves of the South.

6. Resolved, That the Governor be, and he is hereby requested to forward
a. copy of this preamble and lesolutions to each of our Senators and Repre-
isentatives in Congress, and to the Executive of each of the States of the Union,
iwith a request that the same be submitted to their respective legislatuves.p

FREDERICK J. HILL.
.lESSE WILSON,
A. LITTLE,
T. G. POLK,
JOHN B. MUSE,
R. M. G. MOORE,
THOMAS L. CLINGMAN:
DANIEL S. SANDERS,
JOHN B. BEASLEY.

-»^'

[No. 12.3
Legislature of North Ctfro/mct— 183i.

fiTATBMBITTa

■or TBB

^FF^IRS or THE BdJTKS

RECEIVED AT THK

iPIEIi^glS'IEir ©li^PiilE^MIIiSJS'

SINCE THE DATE OJ

TttE TUEaSlJUEll'B HETO^T

RALEIGH :
^ -FlkllO White, Printer to the Statf.

1S85. '

Treasury Department, N. C. i
Raleigh, Dec. 5, 1835. K

I have the honor herewith to transmit for the use of the Legislature,
^ch Bank Statements as have been received at this Department, since the date
of my annual Report. .

\ I have the honor, to be,

Very respectfully,

Your obedient servant,

6. F. PATTERSON.
Hon. W. H. Haywood, Jr.

^eakcTt H»U9t ofCommora,

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[No. 14.]
Legislature of North Carolina 1835.

KEPORT

OF THE '

ON THE SUBJECT OF

The Joint Select Committee to whom was referred, the Message of hi,s
Excellency the Governor, transmitting the Report of the Commissioners appoint-
ed to revise and digest the public statute laws, and a resolution of the Senate
directing an inquiry into the probable expense of printing and re-enacting the sta-
tutes after the revision shall be completed, have attentively considered the same
^nd REPORT: '

That from the limited period allowed for the session of the present General As-
sembly, they deem it inexpedient for this Legislature to attempt the re-enact-
ment of any portion ot the digest which has been completed. The magnitude
of the task, and the great importance of its correct performance, require that it
should be done with the maturest deliberation, and with the fullest opportunity of
removing all errors and adding proper amendments. So great has been the con-
sequence attached to similar undertakings in other States of tht Union, that speci-
al sessions of their legislatures have been held, for the purpose of passing upon the
revised statutes alone. Your committee hovvever believe, that it is in the power of
this General Assembly greatly to facilitate the labors of their successors upon this
subject, and that probably the necessary delay in the final accomplishment of the
work, will but add to its accuracy and usefulness. In ordinary legislation,
where the subject is in the least degree complicated, it is deemed unsafe to proceed
without having printed copies of the bills for the rigid security of every mind,
whose approbation is required to the success of a measure proposed. This com-
mon precaution would appear to be altogether indispensable, where the v.hole of
the statutes which have been enacted on any particular subject for six centuries past,
are to be reviewed, collected, arranged in lucid order, and if necessary amended.
By causing the whole of the work to be printed in the course of the next year, it
will be found ready for the immedi<ite action of the members of the next legislature
g,tthe commencement of their session, and a large part of it may undergo the re-
vision to the General Assembly in that early period, which is usually spent in the
mere preparation of business.

In regard to the expense of printing, into which your Committee have been
instructed to inquire by a resolution of the Senate, they have learned through mem-
bers of their body appointed for the purpose, that two hundred copies of three hun-
dred octavo pages each, may be procured at the moderate expense of $1 per page,
Mv three hundred dollars for the whole, and so in proportion for any greater nmn-
ber ©f pages The entire digest when finished will probably not exceed six hun-
dred pages — so that the printing of the whole number of copies required for the use
of the next General Assembly will be less than the compensation of the numbers
thereolfor a single day. Your committee, therefore, recommend that the portions

2
of the Work of the commissioners which have been submitted to the inspection oi
the, Legislature siiali be returned tothem, and that when they shall have completed
the residiie, they shall procure two hundred <;opies of the same to be printed, upon the
most economical terms, and deposite them in the office of the Governor for the use
of the next General Assembly.

Your committee are of opinion that it would much accellerate the progress of the
work, as well as diminish the claims of the commissioners to additional compensa-
tion, according to the provisions of the act directing their appointment, should the
Legislature authorise the employment of a clerk to assist in transcribing their ma-
nuscripts, and preparing them for the press ; an appropriation of three hundred
dollars will be sufficient to procure one — and it is respectfully suggested that it
should be made.

From a cursory examination, which your committee have been able to bestow
on the unfinished work of the commissioners, which lias been referred to them,
they have been highly gratified, both with the plan of the digest which has beeit
adopted and the mod^' of its execution. The heads, or titles, of the different sub-
jects of statutory enactment, are alphabetically arranged ; and all the acts, or parts-
of acts, now in force and use, pertaining to any particular title, arc disposed accor-
ding to their appropriate connexion, without regard to chronological order, so asj^.
to present the whole body of our Legislation on any subject in a single act or chap-
ter. Marginal references are also added, showing the dates of the respective acts
thus embodied. A highly useful branch of the labors of the commissioners has
been, to prepare additional sections, to reconcile conflicting provisions of different
statutes, which they recommend as amendments, for the adoption of the Legislature,
where the existing Laws are believed to require such amendments,

Your committee anticipate the greatest benefits to the people of the State, from
the completion of the digest of our statute laws, in the roanner thus briefly describ-
ed. Freedom can only exist when secured by law. But it is in vain that laws are
cnacttdand promulged, unless they shall be made intelligible to those upon whom
they operate. The legislation of North Carolina, since the year one thousand-
Seven hundred and fifteen, (the date of the earliest colonial statute) is spread over
more than two thousand octavo pages, to say nothing of the statutes of England,
v/hich are recognized as in force here. So voluminous have the acts become on
many titles — so various and contradictory on others — and so much that has heeti,
rendered obsolete by the change of government and other circumstances, is stili
preserved in the statute book, that it is not unfrequently difficult even for the legal
j)rofession to determine whether a particular act is in force, or whether it has been,
repealed: Such confusion and uncertainty in that department of the law, which is
of the most common application, and capable of constant improvement, are not only
embarrassing and inconvenient to the citizen in private life, but are ejctremely un-
favorable to enlightened Legislation. The work of the commissioners, now in an
"lidvanced state of preparation, will reduce the whole body of our statute law, both
English and American, to a single volume of less than six hundred pages, and pre-
sent it in such torm as to render a knowledge of his most essential rights accessible
to every individual possessed of the rudiments of education. When approved by the
L gislature, and prepared for publication, the copy-right may Id^ secured to the
State ; and, it is believed by your committee, that it will afford a complete indemni-
ty, in a merely pecuniary point of view, for the expense incurred in its preparation.
To carry into execution the measures recommended in this report, your commit-
tee present the accompanyipirbiil to the consideration of the Legislature.
V^' Respectfully submitted,

WILL. A. GRAHAM, Chatrmmi,
Jkc. iUh, 183.>.

WM. BIIjMJ

•Granting farther lime for revising and digesting the Public Statute Lawsr.

Be it enacted by the General .Rssewbly of the State of North Carolina, and

2 it is hereby enacted by the authority of the same. That the act of the General

3 Assembly, passed in the year one thousand eight hundred and thirty three, en-

4 tilled an act for revising and digesting the public statute laws of the State, shall

5 be, and continue in full force and operation; and the Commissioners heretofore

6 appointed by virtue of the act foresaid, or those who may be hereafter appoint-

7 ed, shall be allowed untill the first day of December, one thousand eight hurt'

8 dred and thirty six, to complete the duties assigned to them by said act.

I I. Be it further enacted, That that portion of the digest of the public laws,

2 which has been already completed by the commissioners, and presented by his

3 Excellency the Governor to the General Assembly shall be returned to said

4 commissioners, who shall proceed to prepare the residue thereof. And it shall

5 be their duty, after having finished said digest in the manner prescribed by

6 the act aforesaid, to cause two hundred copies of their work, to be printed by

7 some printer to be designated by the Governor inconvenient form, for the use

8 of the members of the m-xt General Assembly, and to deposite the same in the

9 office of the Governor, who is hereby authorized to draw upon the public trea-
10 sury for the costs of such printing when completed.

III. Be it further enacted, That to enable the said Commissioners to com*
2 plete their work, and to have the same transcribed for the press in convenient
.3 time, it shall and may be lawfull for them, to employ a clerk to said commission
4 at a compensation not excee i g three hundred dollars, to be paid out of tbe'

-5 public treasury upon the warrant ef the Goversor as aloresaid.

'^>.

tNo. 15.1
Legislature of North Carolina — 1835,

REPORT

Ti*€aswrer or the University

ISOUTH. CJL¥l<^liXNA..

RALEIGH.*
Pbllo White* Printer to the SCatCk

icoL,

..Jl^

REPORT. ^'

Raleigh, 21st Nov. 1835.
, To the Preside?^ and Board of Trustees

of the University of North Carolina:
Gentlemen .

I have the honor to inform you that the receipts at the Trea-surj- ol"

^the University, within the past year, embracing a period from the 30th November,

1834, to 30th November, 1835, amounted to eighty one thousand one hundred and

seventy one dollars and forty two cents, - - ■• - - 881,171 42

Which sum being added to three thousand and thirty five dollars

and thirty six cents, . . . . 1 . . . 3,035 36

j^jThe balance in the Treasury unexpended on the last annual
" settlement, viz : on the 10th Nov'r. 1834, form an aggre-
gate of eighty four thousand two hundred and six dollars

I and seventy eight cents, $84,206 7S

j^hat the disbursements within the same period, amount to six
" thousand nine hundred and seventy two dollars and seventy

nine cents, $6,972 79

Leaving a balance in the Treasury, at the close of the past year,
viz. on the 30th November, 1835, ofseventy seven thousand
two hundred and thirty three dolllars and ninety nine cents, - 77,233 99
.. Which balance is deposited, and stands to the credit of the '^:=^

■ Treasurer of the University, in the Bank of the State of North
Carolina at Raleigh.

The receipts at the Treasury aforesaid, consist of the follow-
ing items :

1. Old Balance, -» - - - - - - - . $3,035 36

2. Cash received of E. Shober, for land sold in Stokes, - - 89 91

3. Ditto " Thomas P. Devercux, balance of decree in

Supreme Court, Clarke vs. Cotten, - ... 54 70

5. Ditto ditto John M. Dick, on a decree in Randolph

Superior Court, 498 20

6. Ditto nett proceeds of Gov. Swain's note at Bank, - - - 727 01

7. Ditto divided from sales of Western Lands, accord-
ing to a detailed statement rendered the Executive

Committee, 79,801 60

Aggregate - - - $84,206 78
The various items of Disbursements are exhibited in the acocunt current and
^touchers, which accompany this report, and which are submitted a part thereof.
' From statements furnished by the Superintendant, or Receiver of College fees,
at Chapel Hill, it appears that the sum received from the Students for tution and
^room rent for the two Sessions of 1835, amount to $3,094 50; which sum has
Iheen collected and disbursed by said Superintendant among the faculty of the Col-
l^ege in part payment of their salaries.

€has. MaiiSy, Tr, Un. N. C.

(So. 16.] ♦
Legislature of North Carolina 1835('

#1 RELATION t-O

THE CHEROKEE Xt^./Tll«,

iTURNISHED. BY TKE

-^bno White, Printer to the Stat«.

lo35.

Treasury Department.
December, I5ih 1835.
Sir : In compliance with two resolutions, adopted by the House of Com*
mens, on the 27th and 28th of November, last, calling for certain information in
relation to the Cherokee lands, and to the bonds given for the purchase of the
same, now^ on file in this department, I have the honor herewith to transmit a
tabular statement exhibiting the amount of principal of the said bonds, the amount
paid on the same, the amount of interest, the amount of principal and interest, the
whole number of bonds unpaid , the aggregate amount of the bonds given for the
purchase of said lands, the aggregate amount of principal paid on the same, and
the balance now due, together with the aggregate amount of the several sales of the
Cherokee lands; which comprises all the information in the power of this depart-
ment to furnish within the supposed period allotted to the Session of the present
General Assembly.

I have the honor to be,

Very respectfully,

Your most obedient servant,

S, F. PATTERSON, P. T
The Hon. Speaker

of th» House of Commons.

STATEMENT, exhibiting the amount of principal of the Cherokee honcis now
on file in tlie Treasury Department ; the a-nount of intert- st ; the amount of princi-
pal and interest now due; the whole number of bonds unpaid; the aggnregate
amount of the sales of the Cherokee lands ; the aggregate amount of principal sup«
posed to be paid, and the balance now due, December 1st, 1835.

Amount

A. mount

Amount

No. Names of Purchasers.

Principal.

Payments

. Interest.

Prin. & Int.

SALKS Ob' ISiiO.

Martin Angel,

46 15

! 12 95

16 82

Ditto do

36 37

86 37

do do

33 37

83 37

David P. Adams,

39 75

31 30

71 05

> Ditto do

39 75

28 92

68 67

do do

39 75

26 50

66 25

do do.

29 65

26 85

55 79

do do

29 65

19 72

49 37

do do

29 65

17 51

47 16

Benj. S. Brittain,

87 93

32 09

120 02

Ditto do

87 93

58 47

146 40

do do

95 06

18 72

86 82

163 15

do do

190 12

149 42

339 54

do do

190 12

138 02

328 14

do do

190 12

126 62

316 74

do do

155

136 13

291 13

do do

310

253 66

563 66

do do

310

235 06

545 06

do do

310

216 46

526 46

do do

150

126 90

■ 276 90

do do

300

235 80

535 80

do do

300

217 80

517 80

do do

300

199 80

499 80

Jesse Berry,

148 75

113 56

50 30

85 4y

Do do

148 75

29 25

102 46

221 95

William A. Brittain,

105

69 82

174 82

Ditto. do

271 75

226 26

159 90

205 39

do do

271 75

250

103 94

125 69

William Bryson,

42 63

58 88

91 20

Ditto do

48 71

23 50

49 79

James N. Brj-^on,

27 50

3 95

21 89

45 44

Ditto do

27 50

18 35

45 85

Alfred Brown,

42 37

92 37

Ditto do

100

78 75

178 75

do do

100

72 75

172.75

do do

100

66 75

166 75

Joseph Cowan,

150 25

150

44 66

44 91

Ditto do

150 25

109 30

259 55

do do

150 25

100 2'J

2-50 54

Mark Coleman,-

233

84 79

167 17

315 38

Ditto do

233

162

126 01

197 01

do do

233

155 52

388 52

43 William Cathey,

44 Ditto do

45 George Dickey,

46 James Connelly,

47 Saml. Crawford,
481 Abraham Enloe,
49i Ditto do
501 do do

51 Robt. and Jesse Fulton,
52' Ditto do

53! do do

54 Samuel Gipson
65j Ditto do
56i Andrew Hemphill,
57jBenjamin Howard,
581 Ditto do

59
60
51
62
63

do do

John HydiP,
Ditto do

do do

Jesse Lowe,

64|Roht. Love, jr., & J, Moore,

65 Ditto do

66 do do

67 do do

68 do do
69Jam€S Love,

70 Ditto do

71 do do

72 Aaron Pinson,

73 Robt. Phillips,
74iJonathan Phillips,
75] Ditto do

76 Humphsey Posey,
771 Ditto do ■

78! do do

79!John Shuler,
80' Ditto do

82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97

do do

Joseph Sherrill,

Ditto

do
Saml.
Ditto

do
do
do
do
do
Sherrill,
do

Wm. Stice,

Do dp
John Stiles,

Do do
John StevensoDi

Do do

Saml. Smith,

167 25

121 66 f

167 25

111 63

57 41

30 86

62 50

25 03

27 50

18 35

175 31

116 58

175 31

127 09

175 31

166

70 29

62 50

33 95

43 81

62 50

49 38

62 50

41 71

98 75

110

50 26

98 75

65 66

214 87

139 60

360 25

282 90

360 25

261 45

360 25

239 85

200

169 72

200

145 50

200

133 50

62 50

50 89

17 55

550

500

160 92

550

509 07

413 08

550

366 66

275

133 50

58 50

47 31

58 50

42 41

58 50

38 90

3 07

51 25

53 97

18 26

63 32

56 25

36 12

28 76

56 25

40 77

56 25

37 40

75 12

29 45

150 25

118 23

150 25

109 22

150 25

100 21

38 12

14 86

76 25

61 87

50 96

76 25

55 46

76 25

60 89

27 50

9 05

17 88

27 50

18 28

105

82 46

105

33 75

26 67

14 99

33 75

22 52

35 75

14 79

27 73

35 75

23 77

205

131 70

92 19

205

160

58 41

250

416 87

98
99
100
10
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
US
119
120
121
122
123
124

124
125
126

127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148

150

Samuel Smith,
Temperance Thomas,
Lewis Tilly,
Do do
do do
Thomas Tatham,
Do do

do do

Nathan Thompson, jr.
Do do

do do

Margaret Welcb«
Do do

do do

Thomas Welch,
Do do
do do
Abraham Wiggins,

Do do

Andrew Welch,

Do do

do do

Henry Wikle,

Do do

do do

SALES or 1821.
James Belk,

Do. do
Jesse Cornwell,

Do do

James Crawford,
Do do

do do

Sarah Crawford,

Do do

Lincoln Fullum,

John Howard,

Do ? do

do -do

John Johnston

Do
do
do
do
do
do

do
do
do
do
do
do

Jesse Kirby,
Do do
do do
Thomas Love.jr
Ditfo do
do do-
do do
do do

100

53 79

58 03

. 104 24

14 16

27 16

29 75

25 45

8 94

13 24

29 75

21 61

51 36

29 75

19 83

49 58

140 25

110 08

250 33

140 25

101 67

243 92

140 25

93 26

233 51

16 87

14 29

31 16

33 75

26 55

60 30

33 75

24 53

58 28

33 75

22 51

56 26

280

218 87

498 87

280

202 07

482 07

280

185 27

465 27

575

449 62

1024 62

575

415 12

990 12

575

380 62

955 62

44 82

19 09

32 68

58 41

44 82

29 68

74 50

121 50

47 61

243

191 35

434 35

243

176 77

419 77

243

162 19

405 19

232 50

200

97 21

129 71

232 50

159 44

306 54

232 50

155 19

387 69

51 76

5 82

6 06

31 57

83 57

215 06

139 i8

289 24

215 06

130 62

313 68

25 25

11 56

24 81

25 25

16 68 '

41 93

25 25

15 18

40 43

95 80

65 60

53 73

83 93

95 80

58 32

154 12

147

64 54

89 89

173 10

133

104 57

237 57

133

88 61

221 61

133

80 63

213 63

46 69

93 69

42 51

112 51

34 '90

20 84

30 94

27 32

72 32

67 50

64 91

21 54

24 13

67 50

45 3S

L12 88

67 50

41 30

103 80

28 50

22 91

14 76

20 35

28 50

19 34.

47 84

28 50

17 60

46 10

36 50

11 06

43 77

97 77

43 72

121 72

44 34

117 34

26 25

7 82

)52

1 Thorns Love, Jr.

52 50

32 86

60 36

153 1 Do do

52 50

35 36

87 86

J 54

do do

52 50

32 18

84 68

155

Chfirles M'qiain.

12 06

30 06

156

Do do

17 01

45 01

157

John Moore,

73 12

50 28

49 75

72 59

158

do do

73 12

44 33

117 45

159

David Rog-ers,

243

145 02

129 15

227 13

160

John Ruddell,

64 75

39 49

74 24

161

Samuel Smith,

37 50

18 19

17 86

37 17

162

Do Do

37 50

22 49

59 99

163

Ahram Sellers,

74 62

23 25

54 13

105 50

164

Do do

74 62

50 05

124 67

165

do do

74 62

45 55

120 17

165

Joseph Welch,

n6 25

60 70

68 55

123 10

167

John Woody,

22 82

51 82

168

Do do

15 37

34 26

76 88

169

do do

38 71

96 71

170

do do

Sales of 1822.

35 23

93 23

L71

John Amons,

39 25

34 12

17 12

22 25

Martin Angel,

202 50

100

95 66

198 16

Do do

202 50

122 81

325 31

do do

202 50

110 63

313 13

James Bryson, _

55 25

36 25

22 43

41 43

Do do

55 25

20 22

25 47

Alfred Bro'vn,

20 15

13 29

33 44

Do do

20 15

12 09

32 24

do do

20 15

10 89

31 04

Amos Brown,

56 25

41 03

19 04

34 26

Do do

56 25

51 50

30 98

35 73

do do

56 25

30 52

86 77

Samuel Bryson,

125

71 11

68 01

121 90

Benjamin S. Brittain,

43 75

31 90

75 65

85-

Do do

87 50

58 52

146 02

do do

87 50

53 24

140 74

do do

87 50

47 96

135 46

do do

25 50

18 85

44 35

do do

33 91

84 91

do do

30 85

81 85

do do

27 79

78 79

John Broadway,

87 50

60 42

45 92

73 ■

Do do

87 50

47 96

135 46

Joseph Buchanan,

35 08

90 08

Do do

31 62

89 62

John Bell,

31 80

28 50

56 70

Do do

36 30

96 30

do do

32 70

92 70

Fohn Broadway,

87 50

47 97

U5 47

Samuel Bi-oadway,

20 81

17 93

10 06

12 94

Do do

20 81

11 44

32 25

do do

19 80

3 92

4 12

do do

12 10

32 la

do do

10 99

30 90

John Battle

23 43

21 37

, 9 18 I

U 34

Thomas Love, jr.

23 4S

13 91

37 34

do do

23 43

12 53

35 96

Hugh Brown,

35 62

10 59

21 53

46 56

Do do

35 62

21 78

57 40

do do

35 62

19 62

55 24

Alexander Crisp,

16 64

4 28

2 92

Do do

33 28

15 10

■28 49

do do

33 28

19 9G

55 24

do do

33 28

17 9S

51 26

A. Corn, & J. Trummell,

125 50

83 83

199 32

Do do do do

125 50

. 72 Ao

165 95

do do do do

125 50

18 67

144 17

John Conley,

122 50

14 01

67 03
42 35

175 52

Washington Crawford,

69 50

5 54

' 106 31

Do do

69 50

38 15

107 65

Ana OS Cabe,

18 75

6 17

4 92

Do do

18 75

10 3:5

29 10

Jacob Cou(!h,

44 06

9 68

29 90

64 28

Do do

44 06

26 63

70 69

do do

- 44 06

23 99

68 05

do do

9 50

7 25

16 75

do do

12 63

31 63

do do

11 49

30 49

do do

10 35

29 35

William Cathey,

12 37

54 46

132 09

Do do

49 06

139 06

John Dobson,

54 75

26 29

36 04

Do do

54 75

29 94

84 69

do do .

89 78

71 46

34 05

52 37

do do

89 78

47 98

97 76

do do

89 78

48 98

138 76

Henry Dryman,

28 11

9 62

15 14

33 64

Do do

28 12

16 90

45 02

do do

28 12

15 22

43 34

do do

28 88

35 6S

65 80

do do

32 60

91 60

Abraham Enloe,

23 43

13 90

37 33

Do do

23 43

12 52

85 95

Asaph Enloe,

39 37

23 53

62 90

Do do

39 .37

■ 21 19

60 56

do «do

63 84

12 62

do do

127 69

77 24

204 93

do do

127 69

69 56

197 25

Rebort Ensley,

18 93

18 83

4 04

4 14

Do do

18 93

11 49

30 42

do do

18 93

10 35

29 28

Thomas Gribble,

60 12

7 79

32 71

85 04

Hugh Gibbs,

112 50

127

32 80

18 30

John Gribble,

5 45

46 34

125 89

John Hyde,

43 87

20 43

18 53

41 97

Do do

43 87

26 57

70 44

do do , ,

43 87

-23 93

67 80

Jeremiah Harrison, '

43 12

4 96

23 36

61 53

Elijah Johnson,

39 65

18 97

34 68

Do do

a9 65

24 18

63 83

^61 Elijah Johnson,

39 65

21 78

262 Thomas Kinsey,

25 25

7 50

15 09

263

John B Love,

27 94

264

do do

25 41

265

do do

22 89

266

Peter Ledford,

27 50

19 10

9 03

267

do dp

27 50

16 92

268

do " do

27 50

15 24

269

James R. Lovej

21 75

270

do do

39 90

271

do do

36 30

272

do do

32 70

273

do do

27 62

20 20

274

do do

55 25

36 57

275

do do

55 25

33 27

270

do do

55 25

29 97

277

John Moore, ,

39 12

28 25

278

do do

78 25

57 19

279

do do

78 25

51 87

280

do do

78 25

42 51

281

Jacob L. Moore,

46 25

17 20

28 07

:282

do do

46 25

25 05

283

William Mason,

14 52

12 01

284

Joseph Miller,

2 36

35 95

285

Turner B. Moore,

18 87

13 77

286

do do

37 75

25 25

287

do do

37 75

22 97

288

do do

37 75

20 69

289

John Murray,

37 50

35 90

22 66

290

do do

37 50

20 44

291

Jonathan Osborne,

145

87 72

292

do do

145

79 02

293

Araham Picklerimer,

31 31

42 18

13 53

294

do do

31 31

16 89

295

William Parker, jr.

19 13

12 71

296

do do

19 13

11 57

297

do do

19 13

10 43

298

John J. Posey,

86 62

24 89

50 18

299

do do

86 62

52 35

300

do do

86 62

47 15

301

James Poteet,

165 50

155 24

45 96

302

do do

165 50

loo 06

303

do do

165 50

90 13

S04

Thomas W. P. Poindext^r,

20 17

13 27

305

do do

20 17

12 07

306

do do

20 17

10 87

307

Jeremiah R. Pace,

41 91

13 04

24 97

308

do do

41 91

25 36

309

do do

41 91

22 84

310

Eli Ritcbey,

52 S7

42 83

28 66

Sll

Wm. Rogers.

27 37

18 88

7 25

812

do do

27 37

14 71

S13

John Stevenson,

58 25

37 31

314

do do

112 50

74 73

315

do do

112 50

67 98

316

do do

112 50

61 23

Enos Shield,

' do

Jestph Shepherd,

Jacob Si

ler,

do ■

Thomas

Shepherd,

Nathan Thompson,

John Tatham,

Richard Wilson,

John Wike,

William

IVelch,

Moses Whiteside,

Joseph Welch,

Andrew

Welch,

19 87

10 26

16 50

SO 75

12 60

61 50

16 12

32 25

38 87

77 75

25 31

50 62

35 36

50 62

50-62

62 62

44 62

125 25

26 50

S6 50

19 12

6 71

19 12

90 25

7 87

90 25

10 12

20 25

W 25

21 18

42 37

,80

80^

28 12

56 25

10 12

20 25

7 4'^

12 '^

19 '^

17 9b

16 8(

40 7.

37
S3

16 6::

15 1-'^

13 62
19 95

18 l-

16 35
11 60
21 28

19 36

17 44

14 51
21 9r

15 01

8 37

9 10

27 79
17 Of

13 99
S3 23
83 01
75 51
67 01

16 03

14 44
8 62

11 44
10 30
5S 68
64 55
49 14

2 22
13 4]

12 21
10 90

15 S''

28 '3

25 5P
23 05

26 7F
48 ^'7
43 57

20 26
37 27
S3 90
30 5^

7 2"

13 38'

17 01

23 77

52 91
50 93
34 98

102 20
98 61
94 92

41 62
40 12
38 62
49 95

48 15
46 35
27 72

53 53
61 61

49 69

14 51
21 95

15 01

8 57

9 10
78 41

32 34
13 99

50 2S
208 26
200 76
192 26

42 53
40 94
21 03

30 56
29 42,

141 06

144 80

139 39

33 66

32 46

31 24
36 51

'70 50
67 96

65 42

66 78
128 37
123 57

48 38
93 52
90 15
86 78
17 35

33 36

372 Andrew Welch, j

20 25

12 17

373

Do do

20 25

10 9o

374

Joseph Young,

21 75

37.5

Do do

32 70

376

do do

39 90

377

do do

Sales of 1823.

36 30

378

Martin A!igel,

44 75

/ 6 75

24 34

379

Do do

44 75

380

Austin Banister,

22 25

12 21

381

Do do

22 25

10 88

382

Alexander Crisp,

18 75

8 28

9 48

383

Do do

18 75

10 38

384

Do do

18 75

9 25

385

Jonathan Ca\vard»

152 50

104 21

75 85

386

James Connelly,

15 94

7 86

387

vj^eorge Dickey,

18 75

2 10

388

Do do

37 50

22 91

389

do do

37 50

20 66

390

do do

37 50

18 41

391

Asaph Enloe,

I 57

39^

Do do

15 43

393

do do

13 75

394

Robert Fox,

12 50

7 63

305

Do do

12 50

6 88

396

do do

12 50

6 13

397

Samuel Gibson,

20 50

2 60

398

Do do

20 50

11 3^

399

do do

20 50

10 13

400

John Hooper,

22 75

25 73

10 52

401

Do do

22 75

11 21

402

Clenjmons Hooper^

13 75

7 71

3 73

403

Do do

13 75

7 61

404

do do

13 75

6 78

405

James Hooper,

38 08

26 09

406

Do do

35 26

407

do do

31 42

408

John Hyde

14 94

12 53

9 15

409

Do do

14 94

8 25

410

do do

14 94

7 35

411

David Lard,

31 87

412

Do do

31 87

12 83

413

do do

31 87

15 63

414

James R. Love,

10 12

7 20

415

Do do

9 32

416

John P. Moore,

7 25

4 37

417

Do do

14 50

7 44

4 40

418

do do

14 50

8 05

419

do do

14 50

7 18

420

John Mason,

63 50

14 47

41 54

421

Do do

63 50

34 95

422

do do

63 50

31 14

423

'jrideon Morton,

10 45

8 19

424

Do do

9 32

425

John J. Posey,

30 5Q

14 96

f 426

William PaAer, '

427

Do do

428

do do

429

Ed. L Poindexter,

, 430

Do do

^> 431

do do

' 432

William Parker,

Jv 433

Nathan Thompson,

' 434

Do do

, 435

do do

i 436
• 437

do do

■ 438

do do

'• 439

do do

. 440

Henry Wilson,

16 32

■

16 34

16 32

220

4 98

12 50

9 98

26 30

25 32

8 02

24 34

9 23

24 23

8 33

23 33

7 43

22 43

47 63

267 63

8 33

20 35

9 36

26 35

8 34

25 34

8 38

20 88

15 27

40 27

13 77

38 77

12 27

37 27

6 34

9 34

Affgrpg-afe amount of principal, - - - $35,343 ,91,

Deduct aggregate amount of payments, - - * 7,497 92

Aggregate amaunt of principal now due,

" amount of interest, - - . .

" amount of principal and interest now due,

" amount of the principal of the bonds given for the sales
of the Cherokee lands,
•0educt amount of principal now due.

Amount of principal paid, exclusive of interest, »

Aggregate amount of the several sales of the Cherokee lands, $119,545 13

Amount of the 1st insialment of one eighth, paid at the

time of the sales, - - - - 14,922 50

" of amount of principal paid since the sales, 76,776 64
" of principal now due, - - - 27,845 99

$27,845
21,351

$49,197

$104 622 63
27,845 99

876,876

■$119,545 13

From the best information vvhich it has been in the power of the public treasur-
er to obtain, it is believed thai out of the foregoing bonds, thirteen only amounting
to the.sum of six hundred and ihret dollars vnd seventeen cents, are totally insol-
vent; some others are considered doubtful— but in no case (as the public trea-
surer has been assured) is the security of the debt endangered : as in every in-
stance the lands are deemed to be worth as much or more than the amount of the
respective debts now due. In a few instances, the original purchasers have trans-
ferred their lands, and left the State — but in none, within the information of thiS
department, has any of the lands been entirely abandoned, or permitted tb run to
waste.

Under the acts of the General Assembly, passed in the years 1825 and 1829,
on the subject of the Cherokee lands, a remission of interest to a given period is
authorised to be made by the public treasurer in all cases where it may be shewa
that the lands purchased have been materially interfered with by Indian reserva-
tions, recognized as valid by the commissioners appointed to purchase them. —
It is known that some of the bonds mentioned in the foregoing statement, are en-
titled to a remission of interest, and probably there may be others; but as the prac-
tice of the Treasury Department has been to make the allowance of interest at the
time the bunds are settled and -paid, it is impossible at present to ascertain the
amount of interest, to a remission of u hich they are entitled, as all the claims un-
der the actsof usstmbly referred to have not been adjudicated: It was fdeemed
most proper, therefore, to report tbe amount which appeared to be due, without re-
ference to the question of drawback for interest.

All which is respeft'nllv submitted.

SAItlX F, PATTERSON, Fvb. Trwsurfr
Trec^urv Deparfment,
i^ec^m6er 45//t, 1836.

[No. 1;]

LEGISLATURE OF NORTH CAROLINA.

Of the Governor of North Carolina, to the General Assembly of the
State, at the commencement of the Session, November 22, 1836.

TO THE OEMERAIi ASS£MBI.Y OF THE §TAT£ OF
NORTH CAROIilJVA.

Gkntlemen:

In meeting you, it is a subject of gratulation to state, that though
the productions of the soil have not been so abundant as in former
years, yet the increased value of the fruits of agriculture afford such
ample remuneration to labor, as to give unexampled prosperity to the
country, and to stimulate the enterprise of our citizens. To you, the
first Legislature convened under the amended Constitution, the ex-
pression of satisfaction at the termination of the agitating question,
which had heretofore disturbed our councils and made us a divideti
people, is both just and proper. It is hoped that with the adjustment
of the question of the ratio of representation, all the differences, antb
pathies, and dislikes, if not hatred, arising from its agitation, will ter-
minate. It would, perhaps, be too sanguine in us to expect that, in a
short space of time, the feelings which years had produced, would
be obliterated. It would show a want of experience, a want of know-
ledge of the human passions, to entertain the expectation, that hatred
or dislike could immediately be succeeded by love and affection. —
Years may roll round, and it may be that this generation will hart
to pass away, before those differences and feelings will be as things
th«t have been — belonging not to the present, but the past history of

183S

the State. Though it is expected you will reflect the feelings of year,
constituents, yet by your example and conduct you can act upon them.
To you therefore is directed the attention of the citizens of the. State;
and upon you, in a considerable degree, depends whether the hopes
of the patriot be gratified, or his fears realized.

In making this, my first communication to you, I must call your at-
tention, as of primary importance, to our judiciary ssystem. That it
has defects, no one can deny. Some, if not all, of the circuits are too
large, requiring great mental and bodily labor in the Judges holding
the courts, and allowing too little time to do the business before those
tribunals. The convenience of the peopleand a regard to justice, re-
quire that some alterations should be made — whether a new arrange-
ment of those now existing, or the establishment of one or more addi-
tional circuits would remedy the evil, is for you to determine. As re-
ferring to this subject I transmit herewith the memorial of a committee
of the members of the bar of the 6th judicial circuit (marked A.) ad-
dressed to the Legislature. The memorial was sent to me with a re-
quest that I would lay it before you.

In the execution of the criminal laws, especially in reference to the
highest crimes, the delay generally is such as almost to destroy some
pf tjie effects iniepded by their enforcement. So great a length of
time elapses between the commission of the crime, even if the party b«
iramedjately apprehended, and the punishment, that the abhorrence first
felt at its commission, is lost in commiseration of the sufTeringSt real
or supposed, of the criminal. Pity for the offender lessens the enor-
^iiity of the oiTence, and palliates the guilt of the individual— the law
is looked upon as harsh and severe, and the person undergoing it»
sentence is considered the victim of its severity and not a proper sac-
rifice for the good of society. Thus at the same lime is diminished
respect for the law, and aversion to crime. Delay renders punish-
ment uncertain, affording more chances in escaping the penalty of
tb,^ law. The punishnient ought to- be speedy and certain in propor-
t^n to the offence, giving the accused proper time and means for hi»
defence. Its object is not only to correct the offender, or cut him oft"
9§ 9, bad n;iember oi the community, but in almost every instance, to
(|c,teJr others from the commission of crime. The more speedy sjnd
certain, therefore, the greater will be the effect produeed. These W"

Tredurv Department,
JJecemoer X6lh, 1836.

mukt are made'to direc\'more parliculariy yo«r aittentibn to what I
consider a growing evil, thai you may, if you lake the same view of
the subject, which >s pFesented to me, apply the proper cemedy.

In conformity with the requisitions of the Censlitution, the Gfenetar
Assembly in 1825, passed the act creating the literary fund, and pro-
viding for its accumulation. That fund now consists of 1942 share*
of the capital stock of the Bank of the State of North Carolina, 50
shares of that of the Bank of Cape Fear, 141 shares Bank of New-
bef>, and 28S shares in the Slate Bank of North Carolina. The pat
ralue of the two first descriptions of stocks would be $199,200, bul
as both of these stocks ase above pax, selling' at a premium, the first
at a high one, their value maybe fairly estiinated at the sum of $39,000
more, say $238,200, which, with the cash on hand, amounting ta
$3,845.09 makes $242,045. 09. Tho valUe of the two lattef stocks
can not be properly estimated, it depending upom what claims may
still exist against those institutions. The advantages of education,
and the benefits resulting from its general diffusion among the peo-
ple, it would be unnecessary for me to press upon the consideration of
an enlightened Lsgislaiiure. It is for you to determine, whether in
order to obtain the objects intended by the creation of the fund, at as
early a period, as practicahle, without encroaching upon the principal^
you will provide for its increase by the appropriation of other B>eans.
These suggestions are made that the matter may receive your mature
deliberation;, and the people, experience those great benefits} at an ear-
ly day, which the wisdom of our fathers ordained they should enjoy.

The fund for Internal Improvement amounts to $37,417.89, cish
on hand, besides outstanding bonds and dividends on Bank stock
heretofore appropriated to that object^ which will be increased by the
pw>ceeds of the late sale of the Cherokee lands, surveyed and liiit^old
at former sales. The amount of the sales will be communicated to
you as soon as the report of theCommissioneris received. The fund
is HOW too small to be applied to any work of magnitude. If it shoutld.
be the inti-ntron of the Legislature to engage the State in any wo'rfc
of importance, it will become necessary to provide for its increase;—
If it should be your determination to engage the State in a system of
Internal Impravement,, 1 would recommend that the operations should
b© coRWnenced at. such pcHnts a-nd inr such ittanncl' as tO! render avaik-

' »>

'HSlfff —

He find useful, whatever work should be done ; not like former ex-
penditures from the fund, a very large portion of which was so ex-
pended as to be neither beneficial to the community nor any jm.rt
of it. Iti making this remark, I do not mean to pass a sentence of
universal condemnation, for I believe many useful roads, if not other
works, have been constructed, although a very great portion of the
money has been most unprofitably spent.

At the Treasury Department of the State, during the last fiscal
year, there has been received from all sources, the sum of $586,416,
24, viz: from the loan effected under the provisions of an act passed
at the last Session of the General Assembly, $400,000, from taxes $71,'
382.85, & from Bank dividends, &c. $115,033. 59. The disbursement*
for the same period, including the payments for Bank Stock, amounted
to $589,086,62; making a deficiency of $2,670.38. For several years
the disbursements have been more than the receipts. This has arisen, it
is believed, from the want of a proper assessment of lands in the State.
The present mode of valuation, operates most unequally, the consci-
entious paying their full quota, if not more, while the less scrupulous
evade the payment of their just proportion of the taif. That part of
the revenue system relating to the assessment of lands requires amend-
ment, and I recommend it to your consideration. By a proper as-
sessment, it is probable, at the present rate of tax, the revenue frotif
that source would be increased at least fifty per centum. It is the
duty of the Legislature, in imposing any tax upon the people, to cause
its operation to be just and equitable on ttlh' f/r«»'

The act of 1827, regulating the Treasury Department of this
State, needs some modification. The penalty of the bond required
by the act, is so great as almost to prevent any person from bt'Coini-
ing Public Treasurer, unless possessed of wealth himself| or having
friends and connexions very weahhy. The object of the great pen*
alty is, no doubt, to sei'.ure the funds of the State. It is submitted,
thlkts^^iminution in the" amount of the penalty of thee bond, couldbe
made \«ithout jeopardizing the interest of the State. New guards
might be-placed' around- the Treasury. The time required by the act
(fifteen days) for the person elected to give bond, is too short. Any
casualty might" prevent its being done AVithin the thne^'and the in*
d^dual yjiithofutany fault, ineor the forfeiture prescribed byitheast*

^JbKsinveT 4 0i/»,^8i*.

and' the public be put to considerable inconvenience. By increasing
the time, or allowing some discretion in the persons authorised to re-
ceive the bond, to judge of the sufficiency of the excuse for the delay^
the inconvenience might be obviated. I would recommend the first
measure, because, in my opinion, as little discretion should be given
to public functionaries, as is compatible with the interest of the State.

The condition of the militia of the State, earnestly demands the at*
tention of the Legislature. Upon that force, in case of invasion or in-
surrection, will, in a great measure, depend the welfare and safety
of the State. Without discipline and proper organization, what would
be expected from it in the hour of peril? A thorough reform of the
system is required. Under the provisions of the Constitution, untit
lately amended, the appointment of all general and field officers be-
longed to the General Assembly. By the amendment, the power to.
pass laws regulating the mode of appointing and removing militia
officers, is given to the Legislature. It becomes necessary to carry
into execution that amendment — that you should legislate upon the
subject. Your speedy action may be required. By an act of Con-
gres, the President of the United States is authorised to accept vol-
unteers, who may offer their services ; and it is provided that the offi-
cers shall be appointed in the manner prescribed by the laws of the
aeyeral States and territories, to which the companies, battalions,,
squadrons, regiments, &c. respectively belong. If a call should be
made upon the State for volunteers, there is no provision by which
the officers could be appointed.

Since the close of the last session of the General Assembly, a trea-
ty has been concluded with the Cherokee Indians; by whichj
their title to the territory now in their occupancy, has been extinguish-
ed. A part of which territory, is the domain and property of this
State. A copy of the the treaty (marked B.) accompanies this com*
munication.

The Congress of the United States, at its last session, passed an
act, entitled " an act to regulate the deposites of the public money,"
which was approved by the President of the United States, June 23d,
1836. This act stipulates that a portion of the treasure of the Uni-
ted States shall be deposited with the States. Congress certainly pp§'j
seaw* the power to provide fof the safe-keeping of the public nap^ey %

1836

and as the language and the title of the act only provide for such purr
pose it is constitutional. But if it is the intention of the act, as it is avow-
ed to be, by some of thosie most active in procuring its enactment, to
distribute gratuitously the money, it would be unconstitutional, there
being no power given to Congress, to make donations of the funds of
the federal government ; or otherwise to dispose of them, than to car-
ry into execution some other power granted. It would be uncharit-
able in us to suppose that Congress, under pretence of executing; i^,
Constitutional power, intended a direct violation of the instrument to
which it OA^es its existence. We must, therefore, consider the act as
being what it purports to be. The 13th section of the act requires
the Secretary of the Treasury Department, at the times therein men-
tioned, to deposite with the States, the money of the Federal Govern-
ment, the faith of the States being pledged for its return. The Gen-
eral Assembly will have to determine whether the deposite will be
received ; and if received, appoint some person to receive it, and prpr
vide for its safe-keeping. If you. receive it, it would be your duty, in
order to perform what integrity and prudence require, to make such
disposition of it, as would enable the State to return it whenever de-
manded. The investment of the money, upon unquestionable securi-
ty, would not only provide for its safety and return when demanded,
but would enable the State to use the interest accruing from it, either
for the purpose of difTusing education among the people, or to some
other object. A copy of the act (marked C.) is sent herewith.

The act of Congress of 1833, the result of a compromise between
Nullification and a Protecting Tariff) has produced a state of things
heretofore unknown in the annals of Government so much, revenue
that Government cannot dispose of it, embarrassing both.to it and the
people. The proper remedy is to reduce the tariff to the wants of the
Government ; this will prevent a recurrence of the evil. Let it not.
be said it is a compromise, and ought not to be touched. | Did the peo-
ple authorize the compromise ? It is but an act of Congress, which,
like all others,, can be altered or repealed by the legislative power.-pj-^.
When it exacts from the people more than is required for the expens-
es of the Government shall it not be altered ? Shall it still remai^, to
take ftoia the earnings, of their labor, to heap: up a treasury hejr.eaft^r,
to.^be squaadered andthrown away or used to corrupt them?,pr shfill

dJKemoeT 45i/i, Ibi*.

it be so modified by their Representatives, as to adapt it to the legiti-
mate expeodes of the government ? The latter is the Republican doe*
trine, and held as an axiom in every community where the interest of
the people is consulted.

Under an act of the last session, being apprized efthe death of one
of the members of the Senate, I issued writs of election. Not because
I was satisfied that the law was valid, but knowing there was a tribu-
nal before whom the question might be settled, I preferred acting, and
leaving to that tribunal its decision.

Before the Constitution was amended, the only mode of supplying
vacancies, in either house, was by writs of election issued by the
direction of the house. A recent amendment to the Constitution de-
clares that writs may be issued by the Governor under such regula-
tions as may be prescribed by law, to fill vacancies occurring before
the meeting of the General Assembly. By the ordinance providing
for the ratification of the amendments, it is declared that they shall, if
ratified, take effect and be in force from and after the 1st of January
1836. The Legislature that passed the Act adjourned in December
last, before the amendment had taken effect, and while each house
was the only authority to order writs of election.

The agent, authorized to settle the claims of jhe State against'the
United States, for expenditures made during the last war with Great
Britain, having reported that the claims could not be settled without
an act of Congress, I requested our Senators and Representatives to
bring the subject before that body. It has been submitted to its con-
sideration, but no decision has as yet been obtained. I have accor-
ding to the instructions of the General Assembly sent the Reports as
directed by the resolutions, and I have received from Massachusetts
three copies of the Revised Statutes of that State, and from Kentucky
copies of Dana's reports in two volumes, and Ritte's digest of that
State, two volumes.

The dredging machine has been sold under the authority of the
resolution passed at the last Session, and the nett amount, eighty se-
ven dollars and sixty-five cents, after payment of claims, presented
to me, was placed in the Treasury. The accounts of sale, and claims
and expenses, are herewith submitted, marked D.

I herewith send communications received from the States of South

1^ 1836

Carolina, Georgia, Virginia, New-York, Alabama, Maine, Massa-
chusetts, Kentucky, Connecticut, Mississippi, and Ohio, on the sub-
ject of Incendiary publications, Abolition, Slavery, &c. in file marked
E. I also send resolutions of the Legislatures of the following States,
viz: Maine and Ohio, relative to the election of President and Vice
President of the United States, (marked F.) New Jersey approving
the President's course towards France, (marked G.) Peniasylvania re-
lative to the public lands (marked H.) Georgia and Indiana, relative
to the Cincinnati Rail Road, (marked I.)

Since the close of ths last Session of the General Assembly, I have
received the resignation of William J. Alexander Esq. as Solicitor of
the sixth Judicial Circuit, and Louis D. Henry Esq. as a member of
the Council of State. The resignations accompany ihis communica-
tion.

File marked K. contains the resignations of Justices of the Peace,
aind Militia Officers.

From the Slate of Vermont, I have received a map of that State,
which, though sent some time since, only reached the Executive Of-
fice during the last summer. I have received from the Secretary of
State of ihe United States, one set of public documents, for the Exe-
cutive Office, one set for the University, and two sets for the the Le-
gislature, on whom rests the disposal of them.

The proceedings had under the act authorizing the loan, and the
resolution authorizing the sale of the Cherokee lands, surveyed and
unsold, will be hereafter made in separate communications ; and such
other matter as it may be required to place before the General As-
sembly, shall be communicated.

Respectfully your obedient servant.

II.: RICHARD D. SPAIGHT.

Executive Department,
* November. 23d, 1836.

■ V^fj^^tsj.y -

^ecemoer i5W, Tbi*.

IB-iSlLISS (^I^ (S)W^M^

FOR

THE OOVERNMENT

TO WHICH ARE PREFIXED

THE CONSTITUTIONS ^ ^

OF ,.->^

NORTH CAROLINA

AND OF

THE UNITED STATES.

BAIiEIGHt

fBILO WHITE, PRINTER TO THE STATE.

183«.

i .<

36.

THOMAS LORING, PRINTER.

1836

^Kemotf iSfft, T8SB.

THE nBCZ,*aR^TMOJV OF HMQUTS.

At a Congress of the Representatives of the Freemen of the State of
North Carolina, assembled at Halifax, the seventeenth day of
December, in the year of our Lord one thousand seven hundred
and seventy-six, for the purpose of establishing a Constitution,
or Form of Government, for the said State :

A Declaration of Rights made by the Representatives of the Freemtyh,
of the State of North Carolina :

Section 1. That all political power is vested in and derived from
the people only.

Sec. 2. That the people of this State ought to have the sole and
exclusive right of regulating the internal government and police
thereof

Sec. 3. That no man or set of men are entitled to exclusive or se-
parate emoluments or privileges from the community, but in conside*
ration of public services.

Sec. 4. That the Legislative, Executive, and Supreme Judicial
powers of Government, ought to be forever separate and distinct from
each other.

Sec. 5. That all power of suspending laws, or the execution of
laws, by any authority, without consent of the Representatives of the
people, is injurious to their rights, and ought not to be exercised.

Sec. 6. That elections of Members to serve as Representatives in
General Assembly, ought to be free.

Sec. 7. That in all criminal prosecutions, every man has a right
to be informed of the accusation against him, and to confront the ac-
cusers and witnesses with other testimony, and shall not be compel-
led to give evidence against himself

Sec. 8. That no freeman shall be put to answer any criminal
charge, but by indictment, presentment, or impeachment.

Sec. 9. That no freeman shall be convicted of any c/ime, but by
the unanimous verdict of a Jury, of good and lawfwi men, in open
court, as heretofore used.

Sec. 10. That excessive bail should not be required, nor exces-
sive fines imposed, nor cruel or unusual punishments inflicted.

Sec. 11. That general warrants, whereby any officer or messen>
ger may be commanded to search suspected places, without evidence
of the fact committed, or to seize any person or persona not named.

36.

THOMAS LORING, PRINTER.

1836

*'/

whose offence is not particularly described and supported by evidence,
are dangerous to liberty, and ought not to be granted.

Sec. 12. That no Ireeman ought to be taken, imprisoned or dissei-
zed of his freehold, liberties, or privileges, or outlawed or exiled, or
in any manner destroyed or deprived of his life, liberty or property,
but by the law of the land.

Sec. 13. That every freeman restrained of his liberty, is entitled
to a remedy to inquire into the lawfulness thereof, and to remove the
same if unlawful, and that such remedy ought not to be denied or de-
layed.

Sec. 14. That in all controversies at law, respecting property, the
ancient mode of trial by jury, is one of the best securities of the rights
of the people, and ought to remain sacred and inviolable.

Sec. 15. That the freedom of the Press is one of the great bul-
warks of liberty, and therefore ought never to be restrained.

Sec. 16. That the people of this State ought not to be taxed or
made Subject to the payment of any impost or duty without the con-
sent of themselves or their Representatives in General Assembly,
freely given.

Sec 17. That the people have a right to bear arms for the defence
of the State ; and, as standing armies in time of peace are dangerous
to liberty, they ought not to be kept up ; and that the Military should
be kept under strict subordination to, and governed by the Civil
power.

Sec. 18. That the people have a right to assemble together, to
consult for their common good, to instruct their Representatives, and
to apply to the Legislature, for redress of grievances.

Sec. 19. That all men have a natural and unalienable right to
worship Almighty God according the dictates of their own con-
sciences.

Sec. 20, That for redress of grievances, and for amending and
strengthening the laws. Elections ought to be often held.

Sec. 21. That a frequent recurrence to fundamental principles is
absolutely aecessary to preserve the blessings of liberty.

Sec. 22. That no hereditary emoluments, privileges or honors,
ought to be granted or conferred in this State.

Sec. 23. That perpetuities and monopolies are contrary to the ge-
nius of a free State, and ought not to be allowed.

Sec. 24. That retrospective laws, punishing facts committed before
the existence of such laws, and by them only declared criminal, are
oppressive, unjust and incompatible with liberty, wherefore, no ez
post facto law ought to be made.

Sec. 25. The property of the soil in a free government, being one
of the essential rights of the collective body of the people, it is necea-

ii%i§teL'!:^2p»

^ecemoet A5lfi,^^'Si6.

sary, in order to avoid future disputes, that the limits of the State
should be ascertained with precision ; and as the former tempora-
ry line between North and South Carolina was confirmed and
extended by Commissioners appointed by the Legislatures of the
two States, agreeably to the order of the late King George the Se-
cond, in Council, that line, and that only, should be esteemed the
Southern boundary of this State, as follows: that is to say, beginning
on the sea side, at a cedar stake, at or near the mouth of Little Ri-
ver, being the southern extremity of Brunswick county, and^running
from thence, a north-west course through the boundary house, which
stands in thirty-three degrees fifty-six minutes, to thirty-five degrees
north Latitude ; and from thence a west course, so far as is mention-
ed in the charter of King Charles the Second, to the late proprietors
of Carolina. Therefore, all the territories, seas, waters and har-
bors, with their appurtenances, lying between the line above descri-
bed, and the Southern line of the State of Virginia, which begins
on the sea shore in thirty-six degrees thirty minutes north latitude,
and from thence runs west, agreeably to the said charter of King
Charles, are the right and property of the people of this State, to be
held by them in sovereignty, any partial line without the consent of
the Legislature of this State, at any time thereafter directed or laid
out, in any wise, notwithstanding. Provided always. That this de-
claration of right shall not prejudge any nation or nations of Indi-
ans, from enjoying such hunting grounds, as may have been, or
hereafter shall be secured to them by any former or future Legisla-
ture of this State. And provided also, That it shall not be construed
so as to prevent the establishment of one or more Governments west-
ward of this State, by consent of the Legislature. And Provided
further. That nothing herein contained, shall affect the titles or pos-
sessions of individuals, holding or claiming, under the laws hereto-
fore in force, or grants heretofore made by the late King George the
Third, or his predecessors, or the late Lords Proprietors or any of
them.

December the \7lh day, A. D. 1776; read the third time,
and ratified in open Congress.

R. CASWELL, President.
James Green, Jun., Secretary.

iM'

36.

THOMAS LORING, PRINTBR.

1836

The Constitution of JYiorth Carolina.

V 'k

The Constitution or form of Government, agreed to and re-
solved upon by the Representatives of the Freemen of the State
of North Carolina, elected and chosen for that particular purpose,
in Congress assembled, at Halifax, the eighteenth day of Decem-
ber, in the year of our Lord, one thousand seven hundred and se-
venty-six.

Whereas allegiance and protection are in their nature reciprocal,
and the one should of right be refused when the other is withdrawn.
And whereas George the third, King of Great Britain, and late So-
vereign of the British American Colonies, hath not only withdrawn
from them his protection, but by an act of the British Legislature
declared the inhabitants of these States out of the protection of the
British Crown, and all their property found upon the high seas lia-
ble to be seized and confiscated to the uses mentioned in the said act.
And the said Georgeihe third has also sent fleets and armies to pro-
secute a cruel war against them, for the purpose of reducing the in-
habitants of the said colonies to a state of abject slavery. In conse-
quence whereof, all government under the said King within the said
colonies, hath ceased, and a total dissolution of government in many
of them hath taken place. And whereas ihe Continental Congress
having considered the premises, and other previous violations of the
rights of the good people of America, have therefore declared that
the Thirteen United Colonies are, of right, wholly absolved from all
allegiance to the British Crown, or any other foreign jurisdiction
whatsoever, and that the said Colonies now are and forever shall be,
free and independent States : Wherefore, in our present state, in or*
der to prevent anarchy and confusion, it becomes necessary that a
government should be established in this Slate : Therefore, We the
Representatives of the Freemen of North Carolina, chosen and as-
sembled in Congress for the express purpose of framing a Constitu-
tion, under the authority of the people, most conducive to their hap-
piness and prosperity, do declare that a Government for this State
shall be established in manner and form following, to wit:

Section 1. That the Legislative authority shall be vested in two
distinct branches, both dependent on the people, to wit : a Senate and
House of Commons.

Sec. 2, That the Senate shall be composed of Representatives [an-
rwaallyl chosen by ballot, one from each [county] in this Stale.

djecemoer 45^/*, 18H6.

Sec. 3. That the House of Commons shall be composed of Repre-
sentatives [annually] chosen by ballot, [two for each county, and one
for each of the towns of Edenton, Newbern, Wilmington, Salisbury,
Hillsborough and Halifax.]

Sec. 4. That the Senate and House of Commons, assembled for
the purpose of legislation, shall be denominated the General Assem-
bly.

Sec. 5. That each member of the Senate shall have usually resided
in the [county] in which he is chosen, for one year immediately pre-
ceding his election ; and for the same time shall have possessed, and
•continue to possess, in the [county] which he represents, not less
than three hundred acres of land in fee.

Sec. 6. That each member of the House of Commons shall have
■usually resided in the county in which he is chosen, for one year
immediately preceding his election, and for six months shall have
possessed, and continue to pos.sess in the county which he represents,
not less than one hundred acres of land in fee, or for the term of his
own life.

Sec. 7. That all [freemen] of the age of twentj'-one years, who
have been inhabitants of any one [county] within the State twelve
months immediately preceding the day of any election, and possessed
of a freehold within the same [county,] of fifty acres of land for six
months next before and at the day of election, shall be entitled to vote
for a member of the Senate.

Sec. 8. That all [freemen] of the age of twenty-one years, who
have been inhabitants of any [county] within this State twelve months
immediately preceding the day of any election, and shall have paid
public taxes, shall be entitled to vote for members of the House of
Commons for the county in which he resides.

Sec. 9. [That all persons possessed of a freehold in any Town in
this State, having a right of representation, and also all freemen who
have been inhabitants of any such town twelve months next before and
at the day of election, and shall have paid public taxes, shall be enti-
tled to vote for a member to represent such Town in the House of
iCommons. Provided always, That this section shall not entitle any
inhabitant of such Town to vote for members of the House of Com.
mons for the county in which he may reside, nor any freeholder in
such county, who resides without or beyond the limits of such town,
to vote for a member for said Town.]

Sec. 10. That the Senate and House of Commons when met, shall
each have power to choose a Speaker and other their officers, be jud-
ges of the qualifications and elections of their members, sit upon their
own adjournments from day to day, and prepare bills to be passed
into laws. The two Houses shall direct writs of elections for sup-

36.

THOMAS LORING, PRINTER.

1836

plying intermediate vacancies, and shall also jointly, by ballot, adi
journ themselves to any future day and place.

Sec. 11. That all bills shall be read three times in each House be-
fore they pass into laws, and be signed by the Speakers of both
Houses.

Sec. 12. That every person who shall be chosen a member of the
Senate or House of Commons, or appointed to any office or place of
trust, before taking his seat, or entering upon the execution of his of-
fice, shall take an oath to the State ; and all officers shall also take
an oath of office.

Sec. 13. That the General Assembly shall, by joint ballot of both
Houses, appoint Judges of the Supreme Courts of Law and Equity,
Judges of Admiralty, and [Attorney General,} who shall be commis-
sioned by the Governor, and hold their offices during good behavior.

Sec. 14. [That the Senate and House of Commons shall have pow-
er to appoint the Generals and Fields Officers of the Militia, and all
Officers of the Regular Army of this State.]

Sec. 15. [That the Senate and House of Commons jointly, at their
first meeting after each annual election, shall by ballot elect a Gover-
nor for one year, who shall not be eligible to that office longer than
three years in six successive years :] That no person under thirty
years of age, and who has not been a resident in this State above five
years, and having in the State a freehold in lands and tenements a-
bove the value of one thousand pounds, shall be eligible as Governor.

Sec. 16. That the Senate and House of Commons jointly, at their
first meeting after each [annuall election, shall by ballot elect seven
persons to be a Council of State for [one year} vrha shall advise the
Governor in the execution of his office ; and that four members shall
be a quorum; their advice and proceedings shall be entered in a
Journal to be kept for that purpose only, and signed by the mem-
bers present ; to any part of which any member present may enter
his dissent ; and such Journal shall be laid before the General As>
sembly when called for by them.

Sec, 17. That there shall be a Seal of this State, which shall be
kept by the Governor, and used by him as occasion may require,
and shall be called the Great Seal of the State of North Carolina^
and be affixed to all Grants and Commissions.

Sec. 18. That the Governor for the time being, shall be Captain
General and Commander in Chief of the Militia ; and in the recess
of the General Assembly, shall have power, by and with the advice
of the Council of State, to embody the militia for the public safety.

Sec. 19. That the Governor for the time being, shall have power
to draw for and apply such sums of money as shall be voted by the
General Assembly for the contingencies of Government, and be ac-

dJecemOtT i5/A,1836.

countable to them lor the same ; he also may, by and with the ad-
vice of the Council of State* lay embargoes, or prohibit the exporta-
tion of any commodity, for any term not exceeding thirty days at a*
ny one time, in the recess of the General Assembly, and shall have
the power of granting pardons and reprieves, except where the pro^
seciition shall he carried on by the General Assembly, or the law
shall otherwise direct; in which case, he may, in the recess, grant a
reprieve until the next sitting of the General Assembly; and may
exercise all the other Executive powers of Government, limited and
restrained as by this Constitution is mentioned, and according to the
laws of the State ; and on his death, inability, or absence from the
State, the Speaker of the Senate for the time being, and in case of his
death, inability, or absence from the State, the Speaker of the House
of Commons shall exercise the powers of the Governor, after such
death, or during such absence or inability of the Governor or Speak-
er of the Senate, [or until a new nomination is made by the General
Assembly.]

Sec. 20. That in every case where any officer, the right of whose
appointment is, by this Constitution vested in the General Assembly,
shall, during their recess, die, or his office by other means become
vacant, the Governor shall have power with the advice of the Coun-
cil of State, to fill up such vacancy by granting a temporary commis-
sion, which shall expire at the end of the next session of the General
Assembly.

Sec. 21. That the Governor, Judges of the Supreme Courts of
Law and Equity, Judges of Admirality and Attorney General, shall
have adequate salaries during their continuance in office.

Sec. 22. That the General Assembly shall, by joint ballot of both
Houses, [annually] appoint a Treasurer or Treasurers for this State.

Sec. 23. That the Governor and other officers ofTendmg against j

the State, by violating any part of this Constitution, mal-administra-
tion or corruption, may be prosecuted on the impeachment of the l

General Assembly, or presentment of the Grand Jury of any Court
of Supreme Jurisdiction in this State.

Sec. 24. That the General Assembly shall, by joint ballot of both
Houses, [triennial ly] appoint a Secretary for this State.

Sec. 25. That no persons who heretofore have been or hereafter
may be, receivers of the public monies, shall have a seat m either
House of General Assembly, or be eligible to any office in this State,
until such person shall have fully accounted for and paid into tho
Treasury, all sums for which they may be accountable and liable.

Sec. 26. That no Treasurer shall have a seat in either the Senate,
House of Commons, or Council of State, during his continuance in 36*

«hat office^ or before he shall have finally settled his accounts with

THOMAS LORING, FRINTBR.

1836

Ifl

the public, for all monies which may be in his hands, at the expira-
tion of his office, belonging to the State, and hath paid the same into
the hands of the succeeding Treasurer.

Sec. 27. That no officer in the Regular Army or Navy, in the ser-
vice and pay of the United States, of this or any other State, or any
contractor or agent for supplying such army or Navy with clothing
or provisions, shall have a seat in either the Senate, House of Com-
mons, or Council of State, or be eligible thereto ; and any member
of the Senate, House of Commons, or Council of State, being appoint-
ed to and accepting' of such office, shall thereby vacate his seat.

Sec. 28. That no member of the Council of State shall have a seat
either in the Senate or House of Commons.

Sec. 29. That no Judge of the Supreme Court of Law or Equity,
or Judge of Admiralty, shall have a seat in the Senate, House of Com-
mons, or Council of State.

Sec 30. That no Secretary of this State, Attorney General or Clerk
of any Court of Record, shall have a seat in the Senate, House of
Commons, or Council of State.

Sec. 31. That no Clergyman, or Preacher of the Gospel, of any
denomination, shall be capable of being a member of either the Sen-
ate, House of Commons, or Council of State, while he continues in
the exercise of the Pastoral function.

Sec. 32. That no person who shall deny the being of God, or the
truth of the [Protestant] Religion, or the divine authority either of the
Old or New Testament, or who shall hold Religious principles, in-
compatible with the freedom and safety of the State, shall be capable
of holding any office or place of trust or profit in the Civil depart-
ment, within this State.

Sec. 33. That the Justices of the Peace, within the respective
counties in this State, shall in future be recommended to the Gover-
nor for the time being by the Representatives in General Assembly,
and the Governor shall commission them accordingly : And the Jus-
tices, when so commissiened, shall hold their offices during good be-
havior, and shall not be removed from office by the General Assem-
bly unless for misbehavior, absence, or inabilty.

Sec. 34. That there shall be no establishment of any one Religious
Church or denomination in this State in preference to any other ;
neither shall any person, on any pretence whatsoever, be compelled
to attend any place of worship, contrary to his own faith or judg-
ment ; nor be obliged to pay for the purchase of any glebe, or the
building of any house of worship, or for the maintenance of any
minister or ministry, contrary to what he believes right, or has vo-
luntarily and personally engaged to perform ; but all persons shall
be at liberty to exercise their own mode of worship : Provided, that

^:;i^^ ':^T5i~""T^;;,fe?^-;^^i^ • . ^>'-i^ ^^i<^m'.^

Jjecemoer i5/A,1836.

T'"^

nothing herein contained shall be construed to exempt preachers of
treasonable or seditious discourses from legal trial and punishment.

Sec. 35. That no person in the State shall hold more than one lu- '{^

crative office at any one time. Provided, That no appointment in t

the Militia or to the office of a Justice of the Peace, shall be consider- • ?,

ed as a lucrative office, , ■

Sec. 36. That all Commissions and Grants shall run in the name
of the State of North Carolma, and bear test and be signed by the
Governor. All writs shall run in the same manner, and bear test
and be signed by the Clerks of the respective Courts ; Indictments
shall conclude, against the peace and dignity of the State.

Sec. 37. That the Delegates for this Slate to the Continental Con-
gress, while necessary, shall be chosen annually by the General As- •
sembly, by ballot, but may be superseded in the mean time, in the
same manner: and no person shall be elected to serve in that capaci-
ty for more than three years successively.

Sec. 38. That there shall be a Sheriff, Coroner or Coroners, and
Constables in each county within this State.

Sec. 39. That the person of a debtor, where there is not a strong
presumption of fraud, shall not be continued in prison after delivering
up, bona fide, all his estate, real and personal, for the use of his cre-
ditors, in iiach manner as shall be hereafter regulated by law. All
prisoners shall be bailable by sufficient sureties, unless for capital of-
fences, when the proof is evident, or presumption great.

Sec. 40. That every foreigner, who comes to settle in this State,
having first taken an oath of aillegiaiace to the same, may purchase,
or by other just means acquire^ hold and transfer land or other real
estate ; and after one year's residence, shall be deemed a free citizen.
Sec. 41. That a srhool or schools shall be established by the Le-
gislature for the convenient instruction of youth, with such salaries
to the masters, paid by the public, as may enable them to instruct at
low prices; and all useful learning shall be duly encouraged and
promoted in one or more Universities.

Sec. 42. That no purchase of lands shall be made of the Indian
natives, but on behalf of the public, by authority of the Greneral As-
sembly.

Sec. 43. That the future Legislature of this State shall regulate
entails in such manner as to prevent perpetuities.

Sec. 44. That the declaration of rights is hereby declared to be
part of the Constitution of this State, and ought never to be violated
on any pretence whatever.

Sec, 45. That any member of either House of the General Assem- .

bly shall have liberty to dissent from, and protest against any act or *"*

resolve which he may think injurious to the public or any indindu-

THOMAS LORING, PRINTBR.

1836

tti, and have the reasons of his dissent entered on the Joafnals^
Sec. 46. That neither House of the General Assembly shall pro-
ceed upon public business, unless a majority of all the members of
such House are actually present , and that upon a motion made and
seconded, the Yeas and Nays upon any question shall be taken and
entered on the Journals; and that the Journals of the Proceedings of
both Houses of the General Assembly, shall be printed and made
made pub'ic, immediately after their adjournment.

This Constitution is not intended to preclude the present Congress
from making a temporary provision for the well ordering of this
State, until the General Assembly shall establish Government agree-
ably to the mode herein before prescribed.

December the I8th, 1776, read the third time and ratified in
open Congress,

R. CASWELL, president
7ambs Green, Jvh., Secretary.

m(g—m*t^t* ^

^JfrJEJVnJfMEJVTS,

Whereas the General Assembly of North Carolina, by an act,
passed the sixth day of January, one thousand eight hundred and thir-
ty-five, entitled " An act concerning a Convention to amend the Con-
stitution of the State," and by an act, supplemental thereto, passed on
the eighth day of January, one thousand eight hundred and thirty-
live, did direct that polls should be opened in every election pre-'
einct throughout the State, for the purpose of ascertaining whether
it was the will of the freemen of North Carolina that there should
be a Convention of Delegates, to consider of certain amendments pro-
posed to be made in the Constitution of said State; and did further
direct, that, if a majority of all the votes polled by the freemen of -
North Carolina should be in favor ot holding such Convention, the >
Governor should, by Proclamation, announce the fact, and thereupon
the freemen aforesaid should elect delegates to meet in Convention ■ ■
at the City of Raleigh, on the first Thursday in June, one thousand •

eight hundred and thirty-five, to consider of the said amendments r
And whereas a majority of the freemen of North Carolina did, by
their votes at the polls so opened, declare their will that a Conven-
tion should be had to consider of the amendment proposed, and the
Governor did, by Proclamation, announce the fact that their will had
been so declared, and an election for delegates to meet in Conven-
tion as aforesaid was accordingly had ; Now, therefore, we the del-
egates of the good people of North Carolina, having assembled in
Convention, at the ciiy of Raleigh, on the first Thursday in June,
one thousand eight hundred and thirty-five, and having continued in
session from day to day, until the eleventh of July, one thousand eight
hundred and thirty-five, for the more deliberate consideration of said
amendments, do now submit to the determination of all the qualified
voters of the State, the following amendments in the Constitution
thereof, that is to say:

ARTICLE I.

SECTION 1.

^ 1. The Senate of this State shall consist of fifty Representa-
tives, biennally chosen by ballot, and to be elected by districts ; which
districts shall be laid off by the General Assembly, at its first session
after the year one thousand eight hundred and forty-one; and after-
wards, at its first session after the year one thousand eight hundred
and fifty-one ; and then every twenty years thereafter, in proportion
to the public taxes paid into the Treasury of the State by the ci-
tizens thereof; and the average of the public taxes paid by each
county into the Treasury of the State, for the five years pre-
ceding the laying off of the districts, shall be considered as its
proportion of the public taxes, and constitute the basis of apportion-
ment: Provided, That no county shall be divided in the forma-
tion of a Senatorial district. And when there are one or more
counties, having an excess of taxation above the ratio to form
a Senatorial district, adjoining a county or counties deficient in such
ratio, the excess or excesses aforesaid shall he added to the taxation
of the county or counties deficient; and if, with such addition, the
countj' or counties receiving it shall have the requisite ratio, such
county and counties each shall constitute a Senatorial district.

§ 2. The House of Commons shall be composed of one hundred
and twenty Representatives, biennially chosen by ballot, to be elect-
ed by counties according to their federal population, that is, accord-
ing to their respective numbers, which shall be determined by adding
to the whole number of free persons, including those bound to service
for a term of years, and excluding Indians not taxed, three-fifths of

36;

THOMAS LORING, PRINTBR,

1836

nil other persons ; and each county shall have at least one member
in the House of Commons, although it may not contain the requisite
ratio of population.

^ 3. This apportionment shall be made by the General Assembly^
at the respective times and periods when the districts for the Senate
are herein before directed to be laid off; and the said apportionment
shall be made according to an enumeration to be ordered by the-
General Assembly, or according to the Census which may be taken
by order of Congress, next preceding the period of making such
apportionment,

^ 4. In making the apportionment in the House of Commons,
the ratio of representation shall be ascertained by dividing the a-
mount oi Federal population of the State, after deducting that com-
prehended within those counties which do not severally contain the
one hundred and twentieth part of the entire Federal population afore-
said, by the number of Representatives less than the number assign-
ed to the said counties. To each county containing the said ratio,
and not twice the said ratio, there shall be assigned one representa-
tive; to each county containing twice, but not three times the said ra-
tio, there shall be assigned two Representatives, and so on progres-
sively, and then the remaining Representatives shall be assigned se-
verally to the counties having the largest fractions.

SECTION 2.

^ 1. Until the first Session of the General Assembly which shall
be had after the year eighteen hundred and forty-one, the Senate shall
be composed of members to be elected from the several districts here-
in after named, that is to say, the 1st district shall consist oi the coun-
ties of Perquimons and Pasquotank ; the 2d district, of Camden and
Currituck; the 3d district, of Gates and Chowan; the 4th district,
Washington and Tyrell; the 5th district, Northampton; the 6th dis-
trict, Hertford ; the 7th district, Bertie ; the 8th district, Martin ; the
9th district, Halifax; the 10th district, Nash; the 1 1th district, Wake;
thy 12th district, Franklin; the I3th district, Johnston ; the 14th dis-
trict Warren ; the 15ih district, Edgecomb ; the 16th district, Wayne;
the 17th district, Greene and Lenoir; the 18th district, Pitt; the
19th district, Beaufort and Hyde ; the 20th district, Carteret and
Jones; the 21st district. Craven; the 22d district, Chatham; the 23d
district, Granville ; the 24th district, Person ; the 25th district, Cum-
berland; the 26th district, Sampson ; the 27th district. New Hano-
ver; the 28th district, Duplin ; the 29th district, Onslow; the 30th
district, Brunswick, Bladen and Colutpbus; the 31st district. Robe-
son and Richmond ; the 32d district, Anson ; the 33d district, Cabar-
rasj the 34th district, Moore and Montgomery; the 35th district.

<£fecemOer 45//t, 1836.

Caswell; the 36th district, Rockingham; the 37th district, Orange;
the 38th district, Randolph ; the 39th district, Guilford ; the 40th
district, Stokes; the 4 1st district, Rowan ; the 42d district, Davidson;
the 43d district, Surry; the 44th district, Wilkes and Ashe ; the 45ih
district, Burke and Yancy; the 46th district Lincoln; the 47th dis-
trict, Iredell; the 48th district, Rutherford; the 49ih district, Bun-
combe, Haywood and Macon ; and the 50th district, Mecklenburg ;
each district to be entitled to one Senator.

9 2. Until the first session of the General Assembly after the
year eighteen hundred and forty-one, the House of Commons shall
be composed of members elected from the Counties in the following
manner, viz : The counties of Lincoln and Orange shall elect four
members each. The counties of Burke, Chatham, Granville, Guil-
ford, Halifax, Iredell, Mecklenburg, Rowan, Rutherford, Surry,
Stokes, and Wake shall elect three members each. The counties of
Anson, Beaufort, Bertie, Buncombe, Cumberland, Craven, Caswell,
Davidson, Duplin, Edgecomb, Franklin, Johnston, Montgomery,
New Hanover, Northampton, Person, Pitt, Randolph, Robeson,
Richmond, Rockingham, Sampson, Warren, Wayne and Wilkes
shall elect two members each. The counties of Ashe, Bladen,
Brunswick, Camden, Columbus, Chowan, Currituck, Carteret, Ca-
barras, Gates, Greene, Haywood, Hertford, Hyde, Jones, Lenoir,
MacoR, Moore, Martin, Nash, Onslow, Pasquotank, Perquimons,
Tyrrell, Washington and Yancy shall elect one member each.

SECTION 3.

^ L Each member of the Senate shall have usually resided in the
district for which he is chosen for one lyear immediately preceding
his election, and for the same time shall have possessed and conti-
rme to possess in the district which he represents not less than three
hundred acres of land in fee.

^ 2. All freemen of the age of twenty-one years, (except as is I

hereinafter declared) who have been inhabitants of any one district i

within the Stale twelve months immediately preceding the day of any I

election, and possessed of a freehold within the same district of |

fifty acres of land for six months next before and at the day of elec-
tion, shall be entitled to vote for a member of the Senate.

^ 3. No free Negro, free mulatto, or free person of mixed blood,
descended from negro ancestors to the fourth generation inclusive
(though one ancestor of each generation may have been a white per
son,) shall vote for members of the Senate or House of Commons.

SECTION 4. ^6-

^ 1. In the election of all officers whose appointment is conferred

THOMAS LORING, PRINTBR.

1836

on the General Assembly by the Constitution, the vote shall be viva
voce.

§ 2. The General Assembly shall have power to pass laws regu*
lating the mode of appointing and removing Militia Officers.

^ 3. The Gene'ai Assembly shall have power to pass general
laws regulating divorce and alimony, bat shall not have power to
grant a divorce or secure alimony in any individual case.

§ 4. The General Assembly shall not have power to pass any
private law, to alter the name of any person, or to legitimate any
persons not born in lawful wedlock, or to restore to the rights of ci-
tizenship any person convicted of an infamous crime; but shall have
power to pass general laws regulating the same.

^ 5. The General Assembly shall not pass any private law, un-
less it shall be made to appear that thirty days notice of application
to pass such law shall have been given, under such directions and
in such manner as shall be provided by law.

^ 6. If vacancies shall occur by death, resignation or otherwise,
before the meeting of the General Assembly, writs may be issued by
the Governor, under such regulations as may be prescribed by law.

§ 7. The General Assembly shall meet biennially, and at each bi-
ennial session shall elect, by joint vote of the two Houses, a Secreta-
ry of State, Treasurer and Council of State, who shall continue iiv
office for the term of two years.

ARTICLE IL

^ 1. The Governor shall be chosen by the qualified voters for the
members of the House of Commons, at such time and places as
members of the General Assembly are elected.

^ 2. He ^hall hold his office for the term of two years from the
lime of his installation, and until another shall be elected and qua^
lified ; but he shall_not be eligible more than four years in any term
of six years.

§ 3. The returns of every election for Governor shall be sealed
up and transmitted to the seat of Government, by the returning of-
ficers, directed to the Speaker of the Senate, who shall open and
publish them in the presence of a majority of the members of both
Houses of the General Assembly. The person having the highest
number of votes, shall be Governor; but if two or more shall be
equal and highest in votes, one of them shall be chosen Governor
by joint vote of both Houses of the General Assembly.

^ 4. Contested elections for Governor shall be determined by both
Houses of the General Assembly, in such manner as shall be pres-
cribed by law. • '

dJecemOtr I5ih, 1836.

i^ i. Th« Goi^tnor^lect iihaU eatet t>n the dddf'A iof -th^ irificfe on
the first day of January next after his election, having previously lH*
ken the oaths of office in presence of the members of both branches
of the General Assembly, or before the Cliief Justice of the Supreme
Court, who, in case the Governor ele^.t should be prevented from at-
tetidance before the General Assembly, by sickness or bther unavoida-
ble eotise, is authdrised to administer'the same.

ARTICLE III.

SECTION 1.

^ 1. The Govemot, JudoTPs of the Supreme Court, atid Jodj^et of
the Superior Courts, and all other officers of this State,, (except Ju»ti»
ces of the Peace and Militia officers,) may be impeached for wilfully
violating any Article of the Constitution, mal-administration or cor-
ruption.

^ 2 Judgment, in cases of Impeachment, shall not extend further
than to removal from office and disqualification to hold And enjoy a*
By office of honor, trust or profit under ihis State; bat the party con*;^
victed, may, nevertheless, be liable to indictment, trial, judgment and
punishment according to law. •

^ 3. The House of Commons shall have the sole pow^r of vmA
peachment. The Senate shall have the sole power to try all im«
pvaehments; no person shall be convicted upon any impeachment^
unless two-thirds of the Senators present shall concur in such convic*
tiou ; and before the trial of any impeachment, the members of the
Senate shall take an oath or affirmation, truly and impartially to try
and determine the charge in question according to evidence.

SECTION 2.

^ I. Any Judge of the Supreme Court, or of the Superior Courts,
ttmy be removed from office for mental or physical inability, upon a
concurrent resolution of two-thirds of both branches of the General-
Asisembiy. The Judge against whom the Legislature may be about
to proceed, shall receive notice thereof, accompanied by a copy of
the causes alleged for his removal, at least twenty days before the
day on which either branch of the General Assembly shall act there-
on.

^ 2. The salaries of the Judges: of the Supreme Court, or of the
Superior Courts, shall not be diminished during their continuance in

«ffic<&. V - -,-_-:.. - .-,•:

.'B sfOiViO ■•.;! 10 ,;; i;,.; Vi flfiii'^iiri'J yflJ \o d.'U'sl

Upon the couviGtioQ of any Justice of the Peace, of any infritaous,

36.

THOMAS LORING, PRINTER.

1836

ertm«, or of eorruption end inal*practiee in office, the commission of
such Justice shall be thereby vacated, and he shall be forever disqual*
ilied from holding such appointment.

SECTION 4.
The General Assembly, at its first session afifer the year one tliou-
sand eight hundred and thirty nine, and irom time to time thereafter^
shall appoint an Attorney General, who shall be commissioned by
the Governor, and shall hold his office for the term of four years;
but if the General Assembly should hereafter extend the term du-
ring which Solicitors of the State shall hold their offices, then they
shall have power to extend the term of office of the Attorney General
to the same period.

ARTICLE IV.

SECTION 1.

^ 1. No Conventiou of the People shall be called by the Gene-
ral Assembly, unless by the concurrence of two-thirds of all the mem-
bers of each House of the General Assembly.

^ 2. No part of the Constitution of this State shall be altered, un-
less a Bill to alter the same shall have been read three times in each
House of the General Assembly, and agreed to by three-fifths of the
whole number of members of each House respectively; nor shall a-
ny alteration take place until the Bill so agreed to shall have been
published six months previous to a new election of members to the
General Assembly. If, after such publication, the alteration propo-
sed by the precedmg General Assembly, shall be agreed to in the
first session thereafter by two thirds of the whole representation in
each House of the General Assembly, after the same shall have been
read three times on three several days in each House, then the said
General Assembly shall prescribe a mode by which the Amendment
or Amendments may be submitted to the qualified voters of the House
of Commons throughout the State; and if) upon comparing the votes
given in the whole State, it shall appear that a majority of the voter*
have approved thereof, then, and not otherwise, the same shall be-
come a part of the Constitution.

SECTION 2.

The thirty-second section of the Constitution shall be amended tqt
read as follows: No person who shall deny the being ot God, or th^
truth of the Christian Religion, or the divine authority of the Old or
New Testament, or who shall hold religious principles incompatible
with the freedom or safety of the State, shall be capable of holding

^ecemcer i5lh, 1836.

any office or place of trust or profit ia the civil department within
this State. , . .

v_ . .

SECTION 3. '

^ 1. Capitation tax shall be equal throughout the State upon all
individuals subject to tbe same.

§ 2. All free males over the age of twenty-one years, and under
the age of forty-five years, and all slaves over the age of twelve"
years, and under the age fifty years, sh ill be subject to Capitation
tax, and no other person shall be subject to such tax ; provided that
nothing herein contained shall prevent exemptions of taxable polls as
heretofore prescribed by law in cases of bodily infirmity. ^

SECTION 4.

No person who shall hold any office or place of trust or profit un-
der the United States, or any department thereof, or under this State,
or any other State or Government, shall hold or exercise any other
office or place of trust or profit under the authority of this State, or be
eligible to a seat in either House of the General Assembly: Provi-
ded, that nothing herein contained shall extend to officers in the
Militia or Justices of the Peace.

Ratified in Convention, this eleventh day of July, in the year
of our Lord, one, thousand ei^ht hundred and thirty-Jive. '
NATHANIEL iMACON, President.
Edmund B. Freeman, Secretary of the Convention.
Joseph D. Ward, Assistant Secretary.

THOMAS LORING, PRINTBR.

1836

36;

SP CARUT INTQ BEFBCT TH^ A«¥NP5© qOSSTlTVTJO^.

B^ it ordained and declared, by the Delegates to this Cont'eiptioH't
in Conventipn assembled, and it is hereby ordained by the authority,
of the same, Tb-»t ihe Aineudments to the Constituiioa of this State,
axjopted by this Convention, be submitted by tbe Govemur to the
people, on iKe second Monday in November oext, thirty (lays notice
having- been giv^n, and that the Polls be opened by the respective
Sheriffs, and kept open for three successive d i3rs, at the several Elec-
tion precints in each and every couoty in the State, under the same
rules and regulations, as now exist, for the election of Members to
the General Assembly, 'i'hat the said Sheriff's be required to com*
pare and ceriify the results of the elections, on oir before the Monday
following, and transmit the same in twenty days thereafter, to the
Governor of the State. That all persons qualified to vote for mem-
Ijers of the Hnuse of Commons, may vote for or against a ratification
of the Amendments. Those who wish a ratifir-ation of the Amen^-^
ments, voting with a printed of written Ticket, •' Ratification,^— •
thqse of a contrary opinion, " Rejection^

I'urlher, That it shall be the duty of the Sheriffs to make dupli-
cate statements of the polls in their respective counties, svirorn to be*
fore the Clerk of the County Court; one copy oi which shall be de-
posited in said Clerk's Office, and jhe other copy transmitted to the'
Governor of the State, at Raleigh.

Be it further ordained by the authority of ihe same, That when
the returns aforesaid shall have been received, the same shall be o^
pened by the Govtrnor in the presence of the Secretary of State and
Treasurer, and in case a majority of the votes polled shall be in fa-
vor of a ratification of the Amendments, the same shall be forthwith
made known by a Proclamation of the Governor to the people of
the State. And thereupon, the Governor shall cause to be endorsed •
on the amendments, as enrolled by order of the Convention, or shall
annex thereunto, a certificate under his signature declaring that the
said amendments have been ratified by the people of North Carolina,
and the Secretary of State shall countersign the said certificate, and
annex thereto the Great Seal of the State, and the said amendments
•o enrolled iviih the certificate aforesaid shall be forever kept among
the archives of the State in the Office of the Secretary aforesaid.

Be it further ordained by the authority aforesaid, That the a-
mendiaeats thus ratified shall take effect, and be in force, from and

T, ■ . *♦ ' ^ Ti ' 4, ..'<'--. jI. \'_ij.

JJecemoer 15/A, 1836.

fit

after the first day of January, A. D. one thousand eight hundred and
thirty<six: Provided, however, that the Governor, the Council ef
Slate, the Secretary of State and the Public Treasurer, who may then
be in office, shall severally continue to exercise their respective func-
tions until ihe Governor, Council of State, Secretary of State an^
Public Treasurer, appointed under the amended Constitution, shftU
enter upf»n the duties of their office.

Ratified in Convention, this eleventh doty of July, A. D. one
ihou^and eight hundred, and thirty five.

NATHANIEL MACON, President.
Edmund B. Freeman, Sierttary of the Convention.
JosBFK D. Ward, Assistant Secretary.

liotaD lineV!

36;

THOMAS LORING, FRINTSR.

1836

COArSTlTUTIOJy of the VJVITEJD STJiTJES.

Wk, the people of the United States, in order to form a more per-
fect union, establish justice, insure domestic tranquility, provide for
the common defence, promote the general welfare, and secure the
blessings of liberty to ourselves and our posterity, do ordain and es-
tablish this Constitution for the United States of America.

ARTICLE I.

SECTION 1.

All legislative powers herein granted, shall be vested in a Con-
gress of the United States, which shall consist of a Senate and House
of Representatives.

SECTION 2.

The House of Representatives shall be composed of members cho-
sen every second year by the people of the several States ; and (he
electors in each State shall have the qualifications requisite for elec-
tors of the most numerous branch of the State Legislature.

2. No person shall be a Representative who shall mt have attain-
ed to the age of twenty-five yenrs, and been seven years a citizen of
the Udited States, and who shall not, when elected, be an inhabitant
of that State in which he .shall be chosen.

3. Representatives and direct taxes shall be apportioned among
the several States which may be included within this union, accord-
ing to their respective numbers; which shall be determined by ad-
ding to the whole number of free persons, (including those bound to
service for a term of years, and excluding Indians not taxed,) three-
fifths of all other persons. The actual enumeration shall be made
within three years alter the first meeting of the Congress of the Uni-
ted States, and within every subsequent term of ten years, in such
manner as they shall by law direct. The number of Representa-
tives shall not exceed one for every thirty thousand ; but each State
shall have at least one Representative: And until such enumeration
shall be made, the State of New Hampshire shall be entitled to choose
three, Massachusetts eight, Rhode Island and Providence Plantation6
one, Connecticut five. New York six, New Jersey four, Pennsylva-
nia eight, Delaware one, Maryland six, Virginia ten, North Caroli-
to five, South Carolina five, and Georgia three.

4. When vaeaneiee happen ia the representation from anv »»»♦«

dJuemoer I5lfi, 1836.

^ 2a

the executive authority there of shall issue ^vrits of election to fill such
vacancies.

5: The House of Representatives shall choose their Speaker and
other officers, and shall have the sole power of impeachment.

SECTION 3.
The Senate of the United States shall be composed of two Sena-
tors from each State, chosen by the Legislature thereof, for six yearsf
and each Senator shall have one vote.

2. Immediately after they shall be assembled in consequence of the
first election, they shall be dividtd, as equally as may be, into three-
cJasses. The seats of the Senators of the first class shall be vacated
at the expiration of the second year; and of the second class, at the
expiration of the fourth year; and of the third class at the expiration
of the sixth year; so that one-third may be chosen every second year.
And if vacancies happen, by resignation or otherwise, during the re-
cess of the Legislamre of any State, the executive thereof may make
temporary appointments, until the next meeting of the LegislaturCr
which shall then fill such vacancies.

3. No person shall be a Senator, who shall not have attained tO'
the age of thirty years, and been nine years a citizen of the United-
States, and who shall not, when elected, be an inhabitant of that
State for which he shall be chosen.

4. The Vice President of the United States shall be President of
the Senate, but shall have no vole, unless th^y be equally divided.

5. The Senate shall choose their other officers, and also a Presi-
dent pro tempore, in the ahsence of the Vice President, or when he
shall exercise the office of the President of the United States.

6. The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affirmation.
When the President of the United States is tried, the Chief Justice
shall preside: And no person j-hall be convicted without the concur-
rence of two-thirds of the members present,

7. Judgment in cases of impeachmi*nf, shall not extend further
than to removal from office, and disqualification to hold and enjoy
anj office of honor, trust, or profit, under the United States; hut the
party convicted shall nevertheless be liable and fubject to indictment,
trial, judgment, and punishment, according to law.

SECTION 4.

The times, places and manner of holding elections for Senators
«nd Representatives, shall be prescibed in each State by the Legisla-
ture thereof; but the Congress may, at any time, by law, make or al-
ter Such regulations, except as to the places of choosing Senators.

36.

THOMAS LORING, PRINTER.

1836

*"f.

• 2. The Congrf St shall assembk; at least once in ftvery ycnr, aftd
such meeting shall be on the first Monday in December, unless they
shall by law appoint a difierent day.

SECTION 5.

Each House shall be the judge of the elections, returns, and quali-
ficatix)ns of its Own members; and a majority of each shall constitute
« qnomm to da busint^s ; but a smaller number may adjourn frorti
day todity, and may. be authorized to compel the afttendance of ab»
«ent members, in such manner, and under such penahies, as each
Huuse rnay provide.

2. Each House may determine the rules of it& proceedings, pun-
ish its members for disorderly behavior, and, with the concurtencc
of two thirds, expel a member.

3. Each House shall keep a journal ot its proceedings, and
from time to time publish the same, excepting such parts as may, in
their judgment, require secrecy; and the yeas and nays of th^
membersof either House, on any question, shall, at the desire of one-
fifth of those present, be entered on the journal.

4. Neither House, during the session of Congress, shall, Without
the consent of the other, adjourn for more than three day*, nor to
any other place than that in which the two Houses i^M be sitting.

v. I j; ■;!:■: .'
SECTION 6. ■ '

The Senators and Representatives shall retfeivc a compensation
for their services, to be ascertained by law^ and paid out of the Tfear
sury of the United States. They shall, in all cases exempt treason,
felony, and breach of the peace, be privileged from arrest, during
their attendance at the session of their respective Houses, and in go*
in? to and returning from the same; and for any speech or debate iti
«ither House, they shall not be questioned in any other place.

2. No Senator or ilepreseniative shall during tho time for which
he was elected, be appointed to any civil ofHce under the authority 6(
the tinited States, which shall have been created, or the emoluments
whereof shall have been increased, doring^uch time: andnoperton
holding any office under the United States* shall be a member dfeithelr
House, during hi« continuance in o^e.

8]GCTI0N 7.

All bills-fbr raising revenue, shall ctriginate in thp House of jRep*
iresentativesj but the Senate tnay propose, or concttr wttli atitdid"
mBhts, as on ether bill*. ;;;

2. Bvtfry bill whitrh shall have passed the Horuse of Hepfesiehta."
tivetand the Senate, shall, before it beeomes a law,; be presfented to

djuemoer Ibih, 1836.

the President of the United States. If he approve, he shall sign it ;
but if not, he shall return it, with his objections, to that House in
which it shall have originated, who shall enter the objections at large
on their journal, and proceed to reconsider it. If, after such recon-
sideration, two-thirds of that HouSe shall agree to pass the bill, it
shall be sent, together with the objections, to the other House ; by
which it shall likewise be reconsidered, and, if approved by two
thirds of that House, it shall become a law. But in all such cases
the votes of both Houses shall be determined by yeas and nays, and
the names of the persons voting for and against the bill, shall be en-
tered on the journal of each House respectively. If any bill shall
not be returned by the President within ten days (Sundays except-
ed) after it shall have been presented to him, the same shall be a law,
in like manner as if he had signed it, unless the Congress, by their
adjournment, prevent its return ; in which case it shall not be a law.
3. Every order, resolution, or vote, to which the concurrence of
the Senate and House of Representatives may be necessary, (except
on a question of adjournment,) shall be presented to the President of
the United States, and before the same shall take efTect, shall be ap-
proved by him, or being* disapproved by him, shall be repassed by
two-thirds of the Senate and House of Representatives, according to
the rules and limitations prescribed in the case of a bill.

SECTION 8.

The Congress shall have power to lay and collect taxes, duties,
imposts and excises, to pay the debts and provide for the common
defence and general welfare of the United States ; but all duties,
imposts, and excises shall be uniform throughout the United States.

2. To borrow money on the credit of the United States.

3. To regulate commerce with foreign nations, and among the se^^
veral States, and with the Indian tribes.

4. To establish an uniform rule of naturalization, and uniform laws
on the subject of bankruptcies throughout the United States.

5. To coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures.

6. To provide for the punishment of counterfeiting the securities
and current coin of the United States.

7. To establish post offices and post roads.

8. To promote the progress of science and useful arts, by secur-
ing, for limited tinrHJS, to authors and inventors the exclusive right to
their respective writings and discoveries.

9. To constitute tribunals, inferior to the Supreme Court, to define
and punish piracies and felonies committed on the high seas, and of-
fences against the laws of nations.

36.

THOMAS LORING, PRINTER.

1836

10. To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water.

11. To raise and support armies ; but no appropriation of money
to that use shall be for a longer term than two years.

12. To provide and maintain a navy,

13. To provide for calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions.

14. To make rules for the government and regulation of the land
and naval forces.

15. To provide for organizing, arming, and disciplining the mili-
tia, and for governing such part of them as may be employed in the
service of the United States, reserving to the States respectively, the
appointment of the officers, and the authority of training the mili-
tia according to the discipline prescribed by Congress.

16. To exercise exclusive legislation, in all cases whatsoever, over
such district, (not exceeding ten miles square,) as may, by cession
of particular States and the acceptance of Congress, become the seat
of the Government of the United States; and to exercise like author-
ity over all places purchased by the consent of the Legislature of the
State in which the same shall be, for the erection of forts, magazines,
arsenals, dock yards, and other needful buildings: and

17. To make all laws which shall be necessary and proper for
carrying into execution the* foregoing powers, and all other powers
vested by this Constitution, in the government of the United States,
or in any department or officer thereof.

SECTION 9.

The migration or importation of such persons as any of the States
now existing shall think proper to admit, shall not be prohibited by
the Congress prior to the year one thousand eight hundred and
eight ; but a tax or duty may be imposed on such importation, not ex-
ceeding ten dollars for each person.

2. The privilege of the writ of habeas corpus shall not be suspen-
ded, unless when, in cases of rebellion or inva&ion, the public safety
may require it.

3. No bill of attainder or ex post facto law shall be passed.

4. No capitation, or other direct tax, shall be laid, unless in pro-
portion to the census or enumeration herein before directed to be taken,
p* 5. No tax or duty shall be laid on articles exported from any
State. No preference shall be given by any regulation of commerce
or revenue to the ports of one State over those of another; nor shall
vessels bound to or from one State, be obliged to enter, clear, or pay
duties in another.

6. No money shall be drawn from the Treasury, but in conw-

<dJecemOer 45//t, 1836.

tjuence of appropriations made by law; and a regular statemerit and
account of the receipts and expenditures of all public money shall
be published from time to time.

7. No title of nobility shall be granted by the United States; and
no person holding any office of profit or trust under them, shall with-
out the consent of Congress, accept of any present, emolument, office,
or title of any kind whatever, irom any king, prince, or foreign State.

SECTION 10.

No State shall enter into any treaty, alliance, confederation; grant
letters of marque and r.eprisa.1; coin money, emit bills of credit;
make any thing but gold and silv.er coin a tender in payment of
debts; pass any bill of attainder, tx post facto law, or law impairing
the obligation of contracts ; or grant any title of nobility.

2 No State, shall without the consent of Congress, lay any impost
or duties on imports or exports, except what may be absolutely neces-
sary for executing its inspection laws; and the nett produce of all duties
and impost, laid by any State o;i imports or exports, shall be for the
use of the Treasury of the United Slates ; and all such laws shall
be subject to the revision and control of the Congress. No State
shall without the consent of Congress, lay any duty of tonnage, keep
troops, or ships of war in time of peace, enter into any agreement or
compact with another State, or with a foreigjri power, or engage in a
war, unless actually iavaded, or in such imminent danger as will not
admit of delay.

ARTICLE II.

SECTION 1.

The executive power shall be vested in a President of the United
States of America. He shall hold his office during the term of four
years, and, together with the Vice-President, chosen for the same
term, be elected as follows:

2. Each Slate shall appoint in such manner as the Legislature
thereof may direct a number of electors, equal to the whole number
of Senatois and representatives to which the State maybe entitled in
the Congress, but no senator, or representative, or persons holding
an office of trust or profit under the United States, shall be appointed
an elector.

S. The electors shall meet in their respective States, and vote by
ballot for two persons, of whom one at least, shall not be an inhabi-
tant of the same State with themselves. And they shall make a list
of all the persons voted for, and of the number of votes for each;
which list they shall sign and certify, and transmit, sealed to the
seat of government of the United States, directed to the president of
the senate. The President of the senate shall, in the presence of the

36.

THOMAS LORINC, PRINTER.

1836

senate and house of representatives, open all the certificates, and the
votes then shall he counted. The person having the greatest num-
ber of votes shall be the President, if such number be a majority of
the whole number ef electors appointed; and if there be more than
one who have such majority, and have an equal number of vot«s,
then the house of representatives shall immediately choose by ballot
one of them for President , and if no person have a majority, then
from the five highest on the list, the said house shall in like manner
choose the President. But in choosing the President, the votes
shall be taken by States, the representation from each State having
one vote; a quorum for this purpose shall consist of a member or
members from two thirds of the States ; and a majority of all the
States shall be necessary to a choice. In every case, after the choice
of the President, the person having the greatest number of votes of
the electors, shall be the Vice-President. But if there should re-
main two or more who have equal votes, the senateshall choose from
them by ballot the Vice-President.

4. The Congress may determine the time of choosing the elect-
ors, and the day on which they shall give their votes ; which day
shall be the same throughout the United States,

5. So person except a natural born citizen, or a citizen of the
United States, at the time of the adoption of this constitution, shall be
eligible to the office of President ; neither shall any person be eligi-
ble to that office who shall not have attained to the age of thirty-five
years, and been fourteen years a resident of the United States.

6. In case of the removal of the President from office, or of his
death, resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the Vice President, and the
Congress may by law provide for the case of removal, death, resig-
nation, or inability, both of the President and Vice-President, declaring
what officer shall then act as President; and such officer shallact accor-
dingly, until the disability be removed, or a President shall be elected.

7. The President shall, at stated times, receive for his services, a
compensation, which shall neither be increased nor diminished du-
ring the period for which he shall have been elected, and he shall
not receive within that period any other emolument from the United
States, or any of them.

8. Before he enters on the execution of his office, he shall t£^e the
following oath or affirmation:

9. " / do solemnly swear {or affirm) that I will faithfully exe-
cute the office of President of the United Stales, and will, to the best
of my ability, preserve, protect, and defend the Constitution of tlie
United States.'''' section 2.

The Presidient shall be commander in chief of the army and na*7

ii&-J>'\ii

dJecemOer 15 /A, 1836.

of the United States, and of the militia of the several States, when cal-
led into the actual service of the United States, he may require the
opinion in writing, of the principal officer in each of the executive
departments, upon any subject relating to the duties of their respec-
tive offices; and he shall have power to grant reprieves and pardons
for offences against the United States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two-thirds of the senators present
concur; and he shall nominate, and by and with the advice and con-
sent of the Senate, shall appoint ambassadors, other public ministers &
consuls, judges of the supreme court, and all other officers of the U.
States, whose appointments are not herein otherwise provided for,
and which shall be established by law. But the Congress may by
law, vest the appointment of such inferior officers, as they think pro-
per, in the President alone, in the courts of law, or in the heads of
departments.

3. The President shall have power to fill up all vacancies that
may happen during the recess of the Senate, by granting commis-
sions which shall expire at the end of their next session.

SECTION 3.

He shall from time to lime give to the Congress information of the
State of the Union, and recommend to their consideration such meas-
ures as he shall judge necessary, and expedient; he may, on extra-
ordinary occasions, convene hoih houses, or either of them, and ia
case of disagreement between them, with respect to the time of ad-
journment, he may adjourn them to such time as he shall think pro-
per; he shall receive ambassadors and other public ministers; he
^all take care that the k\^ be faithfully executed, and shall com-
mission all the officers of the United States.

SECTION 4.

The President, Vice President and all civil officers of the United
States, shall be removed from offiice on impeachment for, and convic-
tion of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SECTION 1.

Th« judicial power of the United States shall be vested in one su-
preme court, and in such inferior courts as the Congress may from
time to time ordain and establish. The judges both of the supreme
and inferior courts, shall hold their offices during good behavior ;
and shall, at stated times, receive for their services a compensation^
which shall not be diminished during their continuance in office.

SECTION 2.

The judicial power shall extend to all cases, in law and eqiiity, a-

THOMAS LORING, PRINTER.

1836

rising under this Constitution, the laws of the United States, and trea-
ties made, or which shall be made, under their authority — to all cases
affecting ambassadors, other public ministers and consuls — to all
cases ot admiralty and maritime jurisdirtion— to controversies to
which the United States shall be a party — to controversies between
two or more States — between a State and citizens of another State —
between citizens of different Siatcs — between citizens of the same
State claiming lands under grants of different States — and between a
State, or the citizens thereof, and foreign States, citizens or subjects.

2. In all cases affecting ambassadors, other public ministers and
consuls, and those in which a State shall be party, the supreme court
shall have original jurisdiction. In all the other cases before men-
tioned, the supreme court shall have appellate jurisdiction, both as to
law and fact; with such exceptions, and under such regulations as
the Congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be
by jury ; and such trial shall be held in the State where the said
crime shall have been committed ; but when not committed within
any State, the trial shall be at such place or places as the Congress
may by law have directed.

SECTION 3.

Treason against the United States, shall consist only in levying
war against them, or in adhering to their enemies, giving them aid
and comfort. No person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or on confession ia
open court.

2. The Congress shall have power to declare the punishment of
treason, but no attainder of treason shall work corruption of blood,
or forfeiture, except during the life of the person attainted.

ARTICLE IV.

SECTION 1.

Full faith and credit shall be given in each State of the public acts,
records, and judicial proceedings of every other State. And the
Congress may by general laws prescribe the manner in which such
acts, records and proceedings shall be proved, and the effects thereof.

SECTION 2.

The citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States.

2 A person charged in any State with treason, felony, or other
crime, who shall flee from justice, and be found in another State,
shall on the demand of the Executive authority of the State from
which he fled, be delivered up, to be removed to the State having ju-
risdiction of the crime.

3. No person held to service or labor in one Slate, under the laws

dJecemoer Ji5//i, 1836.

■M

thereof, escaping into another, shall in consequence of any law or
regulation therein, be discharged from such service or labor, but shall
be delivered up on claim of the party to whom such service or labor
may be due.

SECTION 3.

New States may be admitted by the Congress into this Union ;
but no new State shall be formed or erected within the jurisdiction
of any other State; nor any State be formed by the junction of two
or more States, or parts of States, without the consent of the Legis-
latures of the States concerned, as well as of the Congress.

2. The Congress shall have power to dispose of and make all
needful rules and regulations respecting the territory or property be-
longing to the United States ; and nothing in this Constitution shall
be so construed as to prejudice any claims of the United States, or
of any particular State.

SECTION 4.

The United States shall guarantee to every State in this Union,
a republican form of govern ment, and shall protect each of them
against invasion ; and on application of the Legislature, or of the
Executive, (when the Legislature cannot be convened) against do-
mestic violence.

ARTICLE V.

The Congress whenever two-thirds of both Houses shall deem it
necessary, shall propose amendments to this Constitution, or, on the
application of the legislatures of two-thirds of the several Slates, shall
call a Convention for proposing amendments, which, in either case,
shall be valid to all intents and purposes, as part of this Constitution,
when ratified by the legislatures of three-fourths of the several States,
ox by Conventions in three-fourths thereof, as the one or the other
mode of ratification may be proposed by the Congress : Provided,
That no amendment which may be made prior to the year one thou-
sand eight hundred and eight, shall in any manner aflfect the first
and fourth clauses in the ninth section of the first article ; and that no
State, without its consent, shall be deprived of its equal suffrage in the
Senate.

ARTICLE VI.

^ All debts contracted, and engagements entered into, before the
•adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the confederation.

2. This Constitution, and the laws of the United States which
shall be made in pursuance thereof, and all treaties made, or which
shall be made, under the authority of the United States, shall be the
Supreme law of the land^ and the judges in every State shall be

36;

THOMAS LORING, PRINTER.

1836

bound thereby, any thing in the Constitution or laws of any State to
the contrary notwithstanding.

3. The Senators and Representatives before mentioned, and the
members of the several Stale Legislatures and all Executive and
Judicial officers, both of the United Slates and of the several States,
shall be bound by oaih or affirmation, to support this Constitution ;
but no religious test shall ever be required as a qualification to any
ofhce or public trust under the United States.
ARTICLE VIL
The ratification of the Conventions of nine States, shall be suffi-
cient for the establishment of this Constitution between the States so
ratifying the same.

Done in Convention, by the unanimous consent of the States, pre-
sent, the seventeenth day of September, in the year of our
Lord one thousand seven hundred and eighty-seven, and of
the Independence of the United Slates of America, the twelfth.
In witness whereof, we have hereunto subscribed our names.
GEORGE WASHINGTON,

President, and Deputy from. Virginia.

New Hampshire.
John Langdon,
Nicholas Gilman.

Massachusetts.
Nathaniel Gorham,
Rufus King.

Connnecticut.
William Samuel Johnson,
Roger Sherman.

New York.
Alexander Hamilton.

New Jersey.
William Livingston,
David Brearly,
William Patterson,
Jonathan Dayton.

Pennsylvania.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Governeur Morris.

Attest i

Delaware.
George Read,
Gunning Bedford, jun.
John Dickinson,
Richard Bassett,
Jacob Broom.

Maryland.
James M' Henry,
Daniel of St. Thomas Jenifer,
Daniel Carroll.

Virginia.
John Blair,
James Madison, jun.
North Carolina.
William Blount,
Richard Dobbs Spaight,
Hugh Williamson.
• South Carolina.
J. Rutiedge,

Charles Cotesworth Pinckney
Charles Pinckney,
Pierce Butler.

Georgia,
William Few,
Abr. Baldwin.
WILLIAM JACKSON, Secretary,

«««•

idJecemoer idlh, 1836.

*aj9IEJVDJnmJVT}^ to the COJVSTlTUTMOJ%\

ARTICLE I.

Congress shall make no law respecting an establishment of reli-
gion, or prohibiting the free exercise thereof, or abriding the freedom
of speech, or of the press, or the right of the people peaceably to as-
semble, and to petition the government for a redress of grievances.

ARTICLE II.

A well regoalatcd militia being necessary to the security of a free
State, the right of the people to keep and bear arms shall not be in-
fri nged.

ARTICLE III.

No=soldiersha!i, in time of peace, be quartered in any house with-
out the consent of the owner ; nor in time of war, but in a manner to
he prescribed by law.

ARTICLE IV. '

The Tight of the people to be secure in their persons, houses, pa-
pers, mud effects, against unreasonable searches and seizures, shall ;
ndt be violated ; and no warrants shall issue, but upon probable
•cause, supported by oath or affirmation, and particularly describing
*be place to be searched and the persons or things to be seized.

ARTICLE V.

No person shall be held to answer for a capital or otherwise infa-
mous crime, unless on a presentment or indictment of a grand jury, iT
except in cases arising in the land or naval forces, or in the militia
when in actual service, in lime of war or public danger ; nor shall
any person be subject for the same offence to be twice put in jeopar-
dy of life or limb; nor shall be compelled in any criminal case, to
be a witness against himself, nor be deprived of lii«, liberty or pro- \g
perty, without due process of law ; nor shall private property; be ta-
ken for public use without just compensation. ■.h'y-'n^ ■:c'^ v.i

THOMAS LOSING, PRINTER.

1836

ARTICLE VI.

In a\l criminal prosecutions, the accused shall enjoy the right to
a speedy and public trial, by an impariial jury of the State and dis'
trict wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed
ofthe nature and cause of the accusation, to be confronted with the
witnesses against him ; to have compulsory process for obtaining
witnesses in his favor ; and to have the assistance of counsel for his
defence.

ARTICLE VII.

In suits at common law, where the value in controversy shall ex-
ceed twenty dollars, the right of trial by jury shall be preserved ;
and no fact tried by a jury shall be otherwise reexamined in any
court of the United Slates, than according to the rules ofthe com-
mon law.

ARTICLE VIII.

Excessive hail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.

ARTICLE IX.

The enumeration in the constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people.

ARTICLE X.

The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States respec-
tively, or to the people.

The judicial power ofthe United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted against
one ofthe United States by citizens of another State, or by citizens or
subjects of any foreign State.

ARTICLE XII. ^

The electors shall meet in their respective States, and vote by bal- j
lot for President and Vice-President, one of whom at least, shall not

djecemoer i5lh, 1836.

be «n inhabiUl of the aarno Slate with ihemsel ves ; they shall name
in their ballots the person voted for as President, and in distinct bal-
lots the person voted for as Vice-President; and the}'^ shall make dis-
tinct lists of all persons voted for as President, and of all persons vot-
ed for as Vice-President, and the number of votes for each, which
lists they shall sign and certify, and transmit sealed to the seat of Go-
vernment of the United States, directed to the President of the Sen-
ate; and the President of the Senate shall, in the presence of the Se-
nate and House of Representatives, open all the certificates, and the
votes shall then be counted; the person having the greatest number
of votes for President, shall be the President, if such number be a
majority of the whole number ot electors appointed ; and if no per-
son have such majority, then from the persons having the highes*;
numbers, not exceeding three on the list of those voted for as Presi-
dent, the House of Representatives shall choose immediately, by bal-
lot the President. But in choosing the President, the votes shall be
taken by States, the representation from each State having one vote ;
A quorum for this purpose shall consist of a member or members
from two-thirds of the States, and a majority of all the States shall be
necessary to a choice. And if the House of Representatives shall
oot choose a President, whenever the right of choice shall devolve
upon them, before the fourth day of March next following, then the
Vice President shall act as President, as in the case of the death or
other constitutional disability of the President.

2. The person having the greatest number of votes as Vice Presi-
dent, shall be the Vice President, if such number be a majority of the
whole number of electors appointed ; and if no person have a majo-
rity, then from the two higtiest numbers on the list, the Senate shall
choose the Vice President: a quorum for the purpose shall consist
of two thirds of the whole number of Senators, and a majority of the
whole number shall be necessary to a choice.

3. But no person constitutionally ineligible to the ofHce of Presi-
dent, shall be eligible to that of Vice President of the United States.

36;

THOMAS LORING, PRINTBR.

1836

JJecemOer I5ifi, 1836.

SBIULjH© (^W ®ie©isie

FOR THE GOVERNMENT

OF the: s:EJV^T£i.

1. When the Speaker takes the chair, each member shall take his
seat ; and on the appearance of a quorum, the Journal of the prece-
ding day shall be read.

2. After the reading of the Journal of the preceding day, the Sen-
ate shall proceed to business in the following order, to wit: 1st the
receiving petitions, memorials, pension certificates and papers address-
ed either to the General Assembly or to the Senate; 2d, the reports
of standing committees; 3d, the reports of select committees ; 4th, re-
solutions ; 5th, bills ; 6th, bills, resolutions, petitions, memorials, mes-
sages, pension certificates, and other papers on the table. Then the
orders of the day ; but motions and messages to elect officers, shall
always be in order.

3d. When any member is about to speak in debate or deliver any
matter to the House, he shall rise from his seat and respectfully ad-
dress himself to the Speaker, and shall confine himself to the ques-
tion under debate, and avoid personality. And when two or more
members happen to rise at once, the Speaker shall name the one who
is first to speak. No member shall speak oftener than twice on the
same question, without leave of the House. And when any mem-
ber is speaking, he shall not be interrupted by any person, either by
speaking or by standing, or passing between him and the Chair.

4. All Bills and Resolutions of a public nature, introduced, shall
pass, as a matter of course, the first reading.

5. If any member, in speaking or otherwise, transgress the rules
of the House, the Speaker shall, or any member may call to order;
in which case the member so called to order shall immediately sit
down, unless permitted to explain; and the House shall, if appealed
to, decide on the case, but without debate. If there be no appeal, the
decision of the Chair shall be submitted to. If the decision be in
favor of the member called to order, he shall be at liberty to proceed;
if otherwise, and the case require it, he shall be liable to the censure
of the House.

6. When a motion is made and seconded, no other motion shall
be received, unless it be to amend the main question, to postpone it to

36;

THOMAS LORING, PRINTBR.

1836

a day certain, to postpone it indefinitely, to commit it, to let it lie on
the table, or to adjourn.

7. Q,aestions may be stated by the Speaker sitting, but shall be
put standing. Questions shall be distinctly put in this form: "Sena-
tors, as many as are of opinion that (as the case may be) say Aye:"
and after the affirmative voice is expressed — "As many as are of a con-
trary opinion, say No." If the speaker doubt as to the voice of the
majority, or a division be ealled for, the Speaker shall call on those
in the affirmative of the question to rise from their seats, and after-
wards those in the negative. If the Speaker still doubt, or a count be
required, the Speaker shall name two members, one from each side,
to tell the number in the affirmative; which being reported, he shall
then name two others, one from each side, to tell those in the nega-

,«"(; t tive; which being also reported, he shall state the division to the
House, and announce its decission. No member, who was without

■'^ the bar of the Senate when any question was put from the Chair, shall

enter his Yea or Nay without leave, unless he shall hare been ab-
sent on some committee.

8. When any member shall make a motion which is not of course,
he shall reduce the same to writing, if required.

, 9. In all cases of election by the House, the Speaker shall vote; and

when on a division, there shall bean equal number of votes, the
Speaker shall decide the question. In no other case shall he vote,
unless his vote, if given to^the minority, will make the division equal;
and when an equal division is produced by the Speaker's vote, the
question shall be lost.

10. No member shall depart the service of the House without leave,
or receive pay as a member for the time he is absent.

11. Petitions, memorials, and other papers addressed to the House
shall be presented by the Speaker, or by a member in his place; a
brief statement of the contents thereof shall verbally be made by the
introducer, and the petition, memorial, or other paper shall not be
read, unless so ordered by the House.

21. Resolutions for the appropriation of public money, and all res-
olutions of a public nature, as well as all bills, shall be read the first
time for information; and, upon this reading, shall not be subject to
amendment; but may be amended on the second and third reading.
And the Clerk shall keep a calender of all such resolutions and bills,
1 with the orders taken on them, for the inspection of the members of

the senate.

13. All bills of a public nature, when ready for the second reading,
shall be noted to be read at least one day previous thereto ; and then
shall first be read for information, and afterwards, paragraph by par-
agraph, and held open for amendment.

'■ « ' ' s

dJecemOsT IS/A, 1836.

I 14. After a bill has been oace rejected, postponed indefialtely, ot
I to a day beyond the session, another of like provisions shall not be in-
if troduced during the same session.

15. When a question has been once decided, it shall be in order
for any member in the majority to move for a reconsideration thereof
on the same or succeeding day, if the bill resolution, or paper, upon
which the question has been taken, be in possession of the Senate.

16. The Speaker shall examine and correct the Journal before it
is read; he shall have the general directions of the Hall; he shall
designate the members who shall compose all committees, except
when otherwise ordered ; and the select committees of this House
shall consist of five members.

17. There shall be appointed by the Speaker, the following com-
mittees, viz: a committee of propositions and grievances; a commit-
tee of privileges and elections; a committee of claims ; a committee
on the judiciary; a committee on Internal Improvement; and a com-
mittee on Education and the Literary Fund, consisting of seven mfem-
bers each.

18. When the House resolves itself into a Committee of the Whole,
the Speaker shall leave the chair, and appoint a Chairman;: and
when upon any other occasion, the Speaker wishes to leave the chair,
he shall appoint a Speaker Pro-tem.

19. When any petition, memorial or other paper addressed to the
House, shall have been referred either to one of the standing or select
committees, they shall, in their report on the petition, memorial, or
other paper, make a statement in writing of the facts embraced fn.the
case so referred.

20. In case of any disturbance or disorderly conduct in the gallery
or lobby, the Speaker, or Chairman of the Committee of the Whol'e
House, shall have power to have the same cleared.

21. No person, except members of the House of Commons, Offi-
cers and Clerks of the two Houses of the General Assembly, Ju'dges
of the Supreme and Superior Courts, officers of the State resident att
the seat of government, members of Congress, persons particularly-
invited by the Speaker, and such gentlemen as have been members of
either House of the Legislature, shall be admitted within the Hall of
the Senate.

22. Any member dissatisfied with the decision of the Speaker on
any question of order, may appeal to the House.

23. When the House adjourns, the members shall keep their seats
till the Speaker leaves the chair.

24. On motion of adjournment, the question shall be decided with-
out debate.

25. The rules for the government of the Senate shall not be amen-

36;

THOMAS LORING, PRINTER.

1836

ded or altered, without giving at least one day's notice of such amend-
ment or alteralioji, except by the consent of two-thirds of the members
present.

HUGH WADDELL.

Speaker ofihc Senate.
By Order:
T HOMAs G. Stone, Clerk.

v>f!T .U

JJecemoer i5^A, 1836.

nULBS AITD OUDBII

OF CONDUCTING BUSINESS

IIV THE HOU8E OF COMMOIVSI.

Touching the duty of the Speaker.

1. He shall take the Chair every day, precisely at the hour to
which the House shall have adjourned, on the preceding day; shall
immediately call the members to order, and on the appearance of a
quorum, shall cause the Journal of the preceding day to be read.

2. He shall preserve decorum and order; may speak to points of
order in preference to other members, rising from his seat for that
purpose; and shall decide questions of order, subject to an appeal to
the House by any member ; on which appeal, no member shall speak
more than once, unless by leave of the House.

3. He shall rise to put a question, but may state it sitting.

4. Questions shall be distinctly put in this form, viz: "As many
as are of opinion that, (as the question may be,) say Aye:" and after
the affirmative voice is expressed, "As many as are of a contrary o-
pinion, say No." If the Speaker doubt, or a division be called for,
the House shall divide : Those in the affirmative of the question,
shall rise from their seats ; and afterwards those in'the negative. If
the Speaker still doubt, or a count be required, the Speaker shall name
two members, one from each side, to tell the members in the affirm-
ative; which being reported, he shall then name two others, one from
each side, to tell those in the negative ; which being also reported, he
shall rise and state the decision to the House.

5. The Speaker shall examine and correct the Journal before it is
read. He shall have a general direction of the Hall. He shall have
the right to name any member to perform the duties of the Chair;
but such substitution shall not extend beyond an adjournment, except
in case of sickness.

6: All committees shall be appointed by the Speaker, unless other-
wise specially directed by the House.

7. In all elections, the Speaker shall vote. In other cases, he shall
not vote, unless the House be equally divided ; or unless his vote, if
given to the minority, will make the division equal: in case of such
equal division, the question shall be lost.

36;

THOMAS LORING, FRINTBR.

1836

8- The Speaker shall arrange the orders of the day unless the

House shall otherwise direct.

"4' 9, All acts, addresses, and joint resolutions, shall be signed by the

Speaker; and all writs, warrants and subpoenas issued by order of

1 the House, shall be under his hand and seal, attested by the Clerk.

10. In case of any disturbance or disorderly conduct in the galleries

or lobby, the Speaker (or Chairman of the committee of the whole)

shall have power to order the same to be cleared.

11. Stenographers wishing to take down the debates, may be ad-
mitted by the Speaker, who shall assign such places to them on the
floor or elsewhere, to effect their object, as shall not interfere with the
convenience of the House.

ORDER OF BUSINESS OF THE DAY.

12. The unfinished business in which the House was engaged at
the last preceding adjournment, shall have the preference in the or-
ders of the day; and no motion or any other business shall be re-
ceived without special leave of the House, until the former is dispo-
sed of. All elections by the House, shall be viva voce, unless there

■ be but one nominee, in which case appointments may be made on

I motion.

,; OF DECORUM AND DEBATE.

'^,. 13. When any member is about to speak in debate or deliver any

^ matter to the House, he shall rise from his seat and respectfully ad-

dress himself to the Speaker.

14. If any member in speaking or otherwise transgress the rules
of the House, the Speaker shall, or any other member may, call him

,i to order; in which case the member so called to order, shall imme-

I diately take his seat, unless permitted to clear a matter of fact or to

I explain; and the House shall, if appealed to, decide on the case. —

% It there be no appeal, the decision of the Chair shall be submitted

r to. It the decision be in favor of the member called to order, he shall

t be at liberty to proceed; if otherwise, and the case require it, he shall

;' be liable to the censure of the House.

15. When tw^o or more members rise at the same time, the Speak-
er shall name the member to speak.

16. No member shall speak more than twice on the same question,
without leave of the House.

17. Whilst the Speaker is putting any question or addressing the
House, no person shall speak, stand up, or walk out or across the
House; nor when a member is speaking entertain private discourse,
stand up or pass between him and the Chair.

18. No member shall vote on any question, in the event of which,
he is immediately and directly interested, or in any case where he
was not present when the question was put by the Speaker. Upon

jjecemoer i5^/i, 1836.

ft division and count of the House on any question, no member with*
out the bar shall be counted.

19. Every member who shall be in the House when the question
is stated, shall give his vote, unless the House, for special reasons,
shall excuse him.

20. When a motion is made and seconded, it shall be stated by the
Speaker, or if written, it shall be handed to the Chair, and read aloud
by the Clerk, before debated.

21. Every motion shall be reduced to writing, if the Speaker or
any two members desire it.

22. After a motion is stated by the Speaker, or read by the Clerk,
it shall be deemed to be in possession of the House; but may be
withdrawn before a decision or amendment.

23. When a question is under debate, no motion shall be received,
but to adjourn, to lay on the table, to postpone indefinitely, to post-
pone to a day certain, to commit or amend; which several motions
shall have precedence in the order they stand arranged; and no mo-
tion to lay on the table, to postpone indefinitely, to postpone to a day
certain, to commit or amend, being decided, shall be again allowed
on the same day and at the same stage of the bill or proposition.

24. A motion to adjourn shall always be in order, except when
the House is voting, and shall be decided without debate.

25 When a question is postponed indefinitely, the same shall not
be acted upon again during the session.

26. Any member may call .'or a division of tfie question, when the
same will admit of it; which shall be determined by the Speaker.

27. When a motion has been once made, and carried in the affir-
mative or negative, it shall be in order for anj^ member of the majo-
rity to move for the re-consideration thereof, on the same or succeed-
ing day.

28. When the reading of a paper is called for, which has been
read in the House, and the same is objected to by any member, it
shall be determined by a vote of the House.

29. Petitions, memorials, and other papers addressed to the House,
shall be presented by the Speaker, or by a member in his place; a
brief statement of the contents thereof shall verbally be made by the
introducer; and shall not be debated or decided on the day of their
being first read, unless when the House shall direct otherwise, but
shall lie on the table to be taken up in the order they were read.

30. No bill, petition, memorial, or other papers that may be intro-
duced, shall be taken out of the possession of the House, or sent to
the Senate until.the time for re-consideration shall hav« elapsed.

31. When the yeas and nays are called for on any question, it
shall be on motion before the question is put ; and if seconded, the 36^

THOMAS LORING, PRINTER.

1836

question shall be decided by yeas and nays ; and in taking the yeas
and nays, or on a call of the House, the names of the members shall
be taken alphabetically.

32. No member shall be called upon for words spoken in the
House but on the day they were spoken. Decency of speech shall
be observed, and personal reflections carefully avoided.

33. Any twenty members, including the Speaker, shall be author-
ized to compel the attendance of absent members.

34. No member or officer of the House shall absent himself from
the service of the House, without leave, unless from sickness or ina-
bility to attend.

55. Any member may excuse himself from serving on any com-
mittee at the time of his appointment, if he is a member of two stand-
ing committees.

26. If any member shall be necessarily absent on any temporary
business of the House, when the vote is' taken upon any question,
on entering the House, he shall be permitted upon motion to vote.

37. No standing rule or order shall be rescinded, altered, or
suspended, without one day's notice given of the motion thereof;
and to sustam such motion, two thirds of the House shall be requi-
red.

COMMITTEES.

38. Six standing committees shall be appointed at the commence'
ment of the session, iviz: A committee on claims; a committee on
propositions and grievances ; a committee on education ; a committee
on agriculture; a committee on internal improvement, and a com-
mittee on privileges and elections. Each of said committees shall
consist of thirteen members, one from each Congressional district, to
be appointed by the members from the counties composing said dis-
trict. In adduion to the above standing committees, the Speaker shall
appoint another, two members from each Judicial Circuit, to be de-
nominated the committee on private bills.

39. A select standing committee consisting of nine members, shall
be appointed at the commencement of the session by the Speaker, and
be denominated "the committee on the Judiciary."

40. Select committees shall consist of five members. It shall be
ihe duty of the person first named on any committee to cause the
members of the committee to convene when necessary; and when so
convened, they shall appoint ."some one of their number chairman.

41. In forming a committee of.the whole House, the Speaker shall
leave his chair, and a chairman to preside in committee shall be ap-
apointed by the Speaker.

42. Upon bills committed to a committee of the whole House, the
bill shall be first read throughout by the clerk, and then again read

JJecemOer J5//», 1836.

■M

and debated 'by sections, leaving the preamble to be last considered;
ihe body of the bill shall not be defaced or interlined ; but all amend-
ments, noting the page and line, shall be duly entered by the clerk ,
on a seperate paper, as the same shall be agreed to by the committee,
and so reported to the House. After report, the bill shall again be
subject to be debated and amended by sections, before a question on
its passnge be taken.

43. All questions, whether in committee, or in the House, shall be
propounded in the order in which they were moved; except that in
filling up blanks, the largest sum and longest time shall be first put.

44. The rules of proceedings in the House shall be observed in a
committee of the whole House, so far as they may be applicable, ex-
cept the rule limiting the times of speaking.

45. In a committee of the whole house, a motion that the commit-
tee rise, shall always be in order, and shall be decided without debate.

OF BILLS, RESOLUTIONS &c.

46. Every bill shall be introduced by motion for leave or by order
of the House on the report of a committee.

47. Every bill shall receive three several readings in the House
previous to its passage; and the Speaker shall give notice at each,
whether it be the first, second or third. The first reading of a bill
shall be for information, and if opposition be made to it, the question
shall be, "Shall this bill be rejected?" If no opposition be made, or if
the question to reject be negatived, the bill shall go to its second
reading without a question.

48. Upon the second reading of a bill, the speaker shall state it as
ready for commitment or amendment.

49 All bills shall be despatched in order as they were introduced,
unless when the House shall direct otherwise; but no public bill
shall be twice read on the same day. without the concurrence of two
thirds of the members present.

50. All resolutions which may grant money out of the Treasury,
shall be treated in all respects in a similar manner with public bills.

51. When a bill is introduced to repeal a public law, or any part
thereof, the law, or part intended to be repealed, shall be read at each
separate reading of the bill.

52. When a bill has been once rejected, no other upon the same
subject shall be introduced again during the session.

53. The Clerk of the House shall be deemed to continue in office
until another is appointed.

WILLIAM H. HAYWOOD, Jr.

Speaker of the House of Commons.
By order. jg

Charles Manly, Clerk.

THOMAS LORING, PRINTER.

1836

JJecemOer I5lh, 1836.

^s^aB«^«;v •'.■;

JOINT RUIiES FOR BOTH HOU8E8.

1. Each House shall perfect and finally act on all bills, resolutions
and orders, before the same shall be coTimunicated to the other for
its concurrence; and if amended in the House to which it is trans-
mitted, ii shall be communicated to the House in which it originated,
asking the concurrence of that House in the amendment.

2 In any case of amendment of a bill, resolution or order, agreed
to in one House, and dissented to in the other, if either House shall
request a conference, and appoint a committee for that purpose, and
the other House shall also appoint a committee to conler, each com-
mittee shall consist of an equal number, and they shall meet and slate
to each other the reasons of their respective Houses, for and against
the amendment, and confer freely thereon, and make a report in wri-
ting to their respective Houses, ot the result of their conference.

3. Messages from one House to the oiher shall be sent by the clerk
assistant of each House, unless otherwise ordered.

4. When a message shall be sent from one House to the other, it
shall be announced at the door of the House to which it is sent by the
door-keeper, and shall be respectfully delivered to the Chair, by the
person by whom it may be sent.

5. After a bill shall have passed the House in which it originated,
it shall be under the signature of the clerk, and engrossed under his
direction and inspection, before it shall be communicated to the other
House.

6. After a bill shall have passed both Houses, it shall be duly en-
rolled, on suitable paper by the engrossing clerks, before it shall be
presented for ratification.

7. When bills are enrolled, they shall be carefully examined by a
joint committee, of two from the Senate and four from the House of
Commons, appointed as a committee for that purpose, w^hose duty it
shall be carefully to compare the enrolment with the engrossed bills,
as passed in the two Houses, and to correct any errors that may be
discovered in the enrolled bills, and make their report of the said bills
to the House.

8. After examination and report, each bill shall be ratified and
ligned in the respective Houses ; first by the Speaker of the House
of Commons, and then by the Speaker of the Senate.

9. All orders, resolutions and votes of the two Houses shall be ex-
amined, engrossed and signed in the same manner as bills.

10. When a bill or resolution, which shall have passed in one
House, is rejected in the other, notice thereof shall be given to the

. House in which the same may have passed.

36.

THOMAS LORING, PRINTER.

1836

11. The committee in each House shall, in all cases, make a state-
ment of facts on which their report is founded ; which statement, with
all other papers on which any bill or resolution shall be formed, shall
be transmitted to the other House.

12. The Committee ot Finance shall be joint, consisting of eight
members of each House, one to be selected from each of the former
judicial districts. The Library Committee shall be a joint standing
committee, consisting of three members from each House, appointed
by the Speakers thereof, respectively.

13. In all joint committees, the member first named on the commit-
tee on the part of the House proposing to raise such committee, shall
convene the same ; and when met they shall choose their own Chair-
man,

14. Either House may make a reference to any joint committee,
and all reports shall be made to the House ordering such refert-nce.

15. Whenever either House shall order any paper or document to
be printed, i« shall be printed in octavo form, on good paper, and with
fair type, and shall be distributed in the following manner: One
copy thereof to each member of the General Assembly, one copy to
the clerks of each House for tlie use thereof, and ten copies shall be
deposited in the Public Library.

16. That the foregoing rules shall be permanent joint rules of the
Legislature of North Carolina, until altered or amended.

JJecemoer Idlh, 1836.

[No. 2.]
Legislature of North Carolina, — 1836.

REPORT

•r

TUB rVBLIC TRM^SURBR,

ON TH«

STATE OF THE FINAlVGES

Trammittedy according to Act of Assembly, on the 24th November, 1836;

*— »e>6«"~

RALEIGH

THOMAS LORING, PRINTER.

1836

TREASURY DEPARTMENT, (

November 24, 1836. J
SIR:

I have the honor herewith to transmit to you, to be laid before the

General Assembly, a Report, prepared in obedience to the Act of 1827, entitled

" An Act concerning the Public Treasury." I -T i ^| ' >

I have the honor to be,

With great respect, Sir,

Your obedient servant,

S. F. PATTERSON.
Tmk Honorable the Speaker

Of the House of Commons. .

RBrORT.

Treasury Department, ^

November 21st, 1836. i

To ike HonorabU the General Assembly efthe State of North Carolina:

t. Of the Public or Unappropriated Revenue and expenditures^

The balance of cash in the Public Treasury on the 1st day ofNovember, 1884
was $68,433 41

The receipts of the ensuing fiscal year, ending on the

31st day of October 1835, amounted to 150,109 56

Making an aggregate of 218,542 97

The disbursements during the same period amt'd. to 171,686 67

Balance 1st November 1835, as reported to the last ■ ■ ■

Greneral Assembly, 46,856 30

The receipts at the Treasury Department, for the last
fiscal year, that is from the 3Jst October 1835 to
the 1st Nove«aber 1836, amount to £ve hundred
and thirty nine thousand, five hundred and iifty
nine dollars and ninety four cei^ts (539,559 94)
and consist of the following items Viz :

Cash received from the Sheriffs for !Public Tax of
1835 being the ordinar y Revenue, payable into the
Treasury, on the 1st October 1836 and not spe-
cifically appropriated, 70,865 64

Cash received from Sheriffs on account of additional

returns of taxes (see statement A.) 517 21

Cash received from the Bank of Newbern for dividend
of 7 per cent on 1818 shares of the Capital
Stock declared in January 1836, 12,726 00

Cash received from the Bank of the State of North Ca-
rolina, for dividend of 4 per cent profit on 300
shares of the capital stock, declared in Decem-
ber 1835, 1,200 00

Cash received from the Bank of Cape Fear for dividend
of 35 per cent profit on 10 shares of stock unap-
propriated, declared 1st January, 1836, 35 00

Cash received from the Bank of the State for dividend
No. 1 of Ssper cent on 921 shares subscribed for
23d March 1836. 2,302 50

Cash received from ditto Dividend, No 2 of 4 percent

on the same shares subscribed as above, 3,684 00

Cash received from ditto for dividend No 3 of 3? per

cent on 1221 shares of stock declared in June 1836, 3,968 25

Cash received from the Bank of Cape Fear, for divi-
dend of four per cent on 10 shares of slock unap-
propriated declared in June 1836, 40 00

:^^

Vk^^WU

daSh received from the Bank of the State, for dividend
No. 1 of 2i per cent on 2837 shares of stock sub-
scribed 2d of August 1836, 7,092 50

Cash received from ditto for dividend No. 2 of 4 per

cent on the same shares subscribed as above 11,348 00

Cash received from ditto for dividend, No. 3 of 3^ per

cent on the same shares subscribed as above, 9,220 25

Cash received from the Buncombe Turnpike Compa-
ny, for dividend of 1 1 per cent on the shares own-
ed by the State, declared in October 1835, 550 0^

pash received from ditto for balance of dividend due

the State for the year 1835, 400 00

Cash re,:eived from Henry H. Cooke, in full for his
second bond given for part of the Bushy Branch
tract of land, principal" $200 00

Interest 23 47

223 47

Cash received from Miss E. E. Haywood, for rent of

Public Lots for the year 1835 10 00

Cash received of Jesse H. Lindsey, being amount over-
drawn by him as a member of the last Legisla,ture
owing to a mistake in his certificata 3 0&

Cash received from Charles Manly, Treasurer of the
University of North Carolina, in compliance with
a contract entered into with him by William H-
Haywood Jun., commissioner on behalf of the
State to negotiate a loan, in obedience to an act of
the last General Assembly, 100,000 00

Cash received from the Treasurer of the United States
of America, in compliance with a contract entered
into with the Secretary of the Treasury of the U.
States by Wm. H. Haywood Jun., commissioner
on behalf of the State, to negotiate a loan in con-
formity with the act of last session, 300,000 00

pash received from the Bank of the State of No. Oa.
^ on loan by virtue of the authority given by resolu-
tion of the last General Assembly, and for which
a certificate of loan was executed, 10,966 6!^

pash received from the Bank of Cape Pear for tax of
25 cents on each share of slock owned by indivi-
duals in said Bank for 1835, ' 797 50

Cash received from the Merchants' Bank of Newbern
for tax of 25 cents on each share of stock owned
by individuals in said Bank for 1835-6, 562 50

Cash received from the Bank of the State of North
Carolina, for tax of 25 cents on each share of
Stock owned by individuals in said Bank for 1836 3,250 00

Cash received of the Bank of Cape Fear, tor tax of 25
cents on each share of Stock owned by individu-
als in said Bank for the year 1836, 797 50

.^— -^ 539,559 94

Which, added to the balance before stated, will make the sum of $58S,416 24

To this sum, add the amount due to the Internal Improvement
Fund, on the 1st instant, being for that amount applied to the
payment of claims against this Fund, ...

2,670 38

8589,086 62

The disbursements at the Treasury, from the public fund, for the
same period, that is, from the 3 1st of October, 1835, to the 1st
of November, 1836, amounts to - - - $589,086 62

And consists of the following general items, viz:

Cash paid for Stock in the Bank of the State of Nor

" " Interest on the deferred payment of ditto.

•• " Rebuilding Capitol,

•♦ •* General Assembly,

" " Judiciary, . , .

" " Treasury Loan,

•• " Executive Department,

" " Treasury do. *

" " Department of State,

" " Comptroller's Department,

'J •> Adjutant General's Office,

" " Contingencies,

" *• Interest on Treasury Loan,

" " Public Library,
Convention,
SherifTs for making Convention Returns,

•' " Pensioners,

•• " Treasury Notes Burnt,

f> •• Governor's House,

•• " Council of State,

f '• Public Printer,

•' *' Congressional Elections,

" " Sheriffs for Settling Tax,

" " do. for Comparing Senatorial Polls,

'• " Interest on State Loan,

1 Carolina,

$375,800 00

37,891 86

86,443 95

29.645 62

23,441 81

10,966 62

2,287 56

2,000 00

800 00

1,000 00

200 00

6,722 31

205 25

1,367 66

1,511 98 )
38 40 S

1,550 38

920 00

3,356 29

472 39

94 20

900 00

96 47

981 00

148 75

1,794 50

$589,086 62

For a more detailed exhibit of the items cotnposing the-^foregoing disburse?
ments, the Comptroller's statement usually furnished for the use of tl^e Membenn
of the General Assembly, is respectfully referred to.

//. Of the Literary Fund,
The balance of Cash in the hands of the Public Trea-
surer as Treasurer of the Literary Fund on the
31st of October, 1835, as reported to the General

Assembly of that year was 1,167 0^

The receipts at the Treasury Department of Money belonging to
i ' '^this Fund, for the last year, that is, from the 31st day of Oct.
-^" 1835, to the 1st day of November, 1836, amount to thirty-two
^ thousand six hundred and forty-two dollars and seventy-one
cents, (832.642 71) and consist of the following items, vi? :

Cash received from sundry auctioneers, for tax on sales

at auction, - - - 1,159 06

Cash received for entries of vacant land - 5,682 71

Cash received from the Roanoke Navigation Compa-
ny, for dividend of 1| per cent, on 500 Shares of
, Stock appropriated to this fund, declared in No-
vember, 1833, - - 875 00

Ditto for dividend of I per cent, declared in Nov. 1834, 500 00

Ditto received from the Bank of the State of North
Carolina, for dividend No. 1, of 2i per cent, on 34
Shares of Stock subscribed, 24th Nov. 1835, 85 00

Ditto received from ditto for dividend No. 2, of 4 per
cent, on 1700 Shares of Stock owned by this
fund, declared December, 1835, - - 6,800 00

Ditto received for dividend No. 1, on 100 Shares of

Stock subscribed 6th Jan. 1836, - - 250 00

Ditto received for dividend No. 2, of 4 per cent, on the

same Shares, - - . 400 00

Ditto received for dividend No. 1 and 2. on 40 Shares

of Stock subscribed for 1st February, 1836, 260 00

Ditto received from the Bank of Cape Fear, for divi-
dend of 3^ per cent, on 704 Shares of Stock ap-
priated to this fund, declared 1st January, 1836, 2,464 00

Ditto received from ditto, dividend of 31 per cent, on
50 Shares of Stock owned by this fund, and de-
clared as above, - - - 175 00

Ditto received from ditto, dividend of 4 per cent, on
704 Shares of Stock appropriated to this fund, de-
clared in June, 1836, - - 2,816 00

Ditto received from ditto, dividend of 4 per cent, on 60

shares ofStock owned by this fund, declared as above, 200 00

Ditto received from the Bank of the State, for dividends
Nos. 1, 2, and 3, on 66 Shares subscribed on be-
half of this fund. 5th July, 1836, 643 50

Ditto received from ditto, dividends Nos. 1, 2, and 3, on
36 shares, subscribtd on behalf of this fund, July
11, 1836. 351 00

Ditto received from the Bank of the State of North
Carolina, for dividend of 3j per cent on 1840
shares owned by this fund, declared in June, 1836, 5,980 00

Ditto received from the Bank of Newbern for dividend
of 7 per cent, capital on 1 4 1 shares of stock owned
by this fund, declared January 4th, 1836. 987 00

Ditto received from the Cape Fear Navigation »
Company, being a part of dividends No. 12 13
& 14 of 6650 each declared by said company as
per account rendered, 417 22

Ditto received from Sheriffs for tax on retailers of

spirituous liquors, 2,597 22

32,642 71

"Which added to the balance above stated, make the aggregate sum of $33,809 79

The disbursements from the Literary, Fund during the foregoing period are

as follows (viz.)

Cash paid C. Dewey, Cashier of the Bank of the State ol North
Carolina for 34 shares of stock subscribed for on the 24th
November 1835, 3,400 00

Ditto paid for interest on deferred payment of the same, 219 58

Ditto paid C. Dewey Cashier of the Bank of the State,
for 100 shares of stock subscribed for 7th Janua-
ry 1836, 10,000 00

Ditto paid interest on the deferred payment of ditto, 716 69

Ditto paid C. Dewey Cashier, for 40 shares of stock

subscribed for 1st February 1836, 4,000 00

Ditto paid interest on the deferred payment for ditto, 304 93 t

Ditto paid C. Dewey Cashier for 66 shares of stock ■

subscribed for the 5th July 1836, 6,600 00

Ditto paid interest on the deferred payment for ditto, 669 67

Ditto paid C. Dewey Cashier, for 36 shares of stock

subscribed for llth July 1836, 3,600 00

Ditto paid interest on the deferred payment of ditto, 368 83

Ditto paid William T. Coleman, Secretary to the board
of directors, his salary for the year ending 31st
December 1835, 35 00

Ditto paid James Iredell, and AVilliam Robards the sa-
lary of John K. Campbell Secretary to the board
of Directors for the years 1827-1828 per Gov-
ernor's warrant, 50 00

Making an aggregate amount of . 29,964 70

Which deducted from the amount above stated, leaves
a balance in the hands of the Public Treasurer,
as Treasurer of the Literary Fund on the 1st day
of November 1836 of, 3,845 09

2d Of the Fund for Internal Improvement.
The balance of cash in the hands of the Public Treasurer as Treasurer of
the fund for Internal Improvement, on the 31st October 1835, as reported to the
General Assembly of that year was, 21,249 31

The receipts at the Treasury Department on account of the fund
for Internal Improvement for the last year, that is from the 31st
of October 1835, to the 1st of November 1836, amount to six-
teen thousand one hundred and ninety four dollars and ninety
three cents (16,194 93) and consist of the following items, viz.
Cash received from the Bank of Cape Fear, for dividend of 3^ per
cent on 1358 shares of stock appropriated to this fund decla-
red January 1st 1836, 4,753 00
Ditto received from ditto, for dividend of 4 per cent on
the above shares of stock appropriated to this fund
declared in June 1836, 5,432 00
'Cash received from Jonathan Philips, chairman of Ma-
con County Court, in full of the first instalment
due for the purchase of the balance of the 400
acre tract of Ijand on which the town of Franklin
ia lorated, 075 05

Ditto received from sundry persons on Cherokee bonds, 3,630 7o
Ditto received of John Rutherford Jun. Treasurer of
the board of Commissioners of the Swannano gap
Turnpike road, in full of the principal and interest
of a bond executed by said commissioners in con-
formity to the provisions of an act of Assembly
passed at the session ol 1829, chapt. 14.

Principal ^2,000 00
Interest 16 33

2,016 33

16194 98

Ditto received of Governor Spaight, it being the nett
amount of the sale of the Dredging Machine at
Wilmington, 87 65

Which added to the balance above stated forms an ag-
gregate amount of 837,444 2i

The disbursements from the the fund for Internal Improvement

during the same period are as follows viz. ■. l

Cash paid James Wyche Superintendant of public works his sala-
ry and expenses, 20 35

Ditto paid William T. Coleman for his services as sec- ,

retary to the board the present year, 6 OO : oiiiu

l?6 35

Leaving a nominal balance in the hands of the Public Treasurer '■ "T

as Treasurer of the fund for Internal Improvement on the 1st

November 1836, of $37,417 89

From which deduct the amount which has been temporarily ap-
plied to the purposes of the public fund, 2,670 38

Real balance in the hands of the Public Treasurer 1st Nov. 1836, $3,4,747 51

All the disbursements made at the Treasury Department during the year,
it is believed, are sustained by the proper and appropriate vouchers, which will
be found on file in the Comptroller's Office.

RECAPITULATION.

The foregoing Statements shew balances of cash on hand, at the close pf
the business of the fiscal year, ending on the 3 1st of October, 1836, as follows,
viz:

Amount, as Treasurer of Internal Improvent Fund, $34,747 61

Ditto as Treasurer of Literary Fund, 3,845 09

Making an aggegate amount of $38,592 60

, , Tr—~: =
With which, the Public Tr easurer, as Treasurer of the Internal Improve-
ment and Literary Funds, stands charged on the books of this Department j and
for which, be is, therefore, accountable, on the 1st day of Nov. 1836.

The foregoing amount is disposed of (as directed by law) in the following
manner, to wit :

Amount deposited in the Bank of the State of North Carolina, at Raleigh, and
remaining at the credit of the Public Treasurer, on the 3 1st
of October, 1836, $31,354 88

Ditto in the Bank of Cape Fear, on the same day, 4,879 85
Treasury notes redeemed, and in the vaults of the Treasury, unfit

lor circulation, 1,368 11

Specie change, and cash in the Treasury, 989 76

Making a corresponding amount of $38,592 60

One of the first objects which should necessarily engage the attention of the
General Assembly is the condition of the Public Revenue. It will therefore be
seen on reference to the foregoing statement, that the amount received from the
ordinary sources for the last fiscal year, falls short by the sum of eight hundred
and seventy five dollars twenty nine cents, of the amount received from the same
sources for the preceding year. This apparent decrease however, will be convert-
ed into an actual increase of more than that sum, when we take into considera-
tion the fact, that the lax received from gamiug tables for the year 1834, has been
almost entirely excluded by the prohibitory act of last session from the receipts
of 1835.

It will be readily admitted, that the Revenue of the State is a subject of para-
mount importance — It is not only important when considered as the main spring
which gives motion, and imparts energy to all the machinery of government, but it
is of vital importance that the sources from which this life blood is drawn, should
be pure and incorrupted — that the system adopted for its assessment and col-
lection, should operate impartially upon the whole people; so that all who
partake of the blessings and benefits of the government, should be made to con-
tribute a fair and rateable proportion of the means necessary to its support.

Some" of the defects and inequalities of the present system have heretofore
been pointed out, and it is believed they are too generally known to require
repetition, but as the Legislature has convened under a new organization of the
fundamental law adopted in part expressly with reference to the subject of taxa*^^8^
tion, it is deemed to be a peculiarly appropriate period for remedying those de^
fects, and supplying those deficiencies, which the experience of years has made
so clearly manifest.

On referring to the tabular part of this report, it will be seen that a resort
to the authority given the Public Treasurer, by a resolution of the last session to
borrow money on behalf of the State, has been rendered necessary. In the prose-
cution of the work upon the Capitol and in the discharge of the ordinary expen-
ses of the Government, the funds in the Treasury were entirely exhausted about t^e
middle of May — In the exercise of the authority given me by the resolution rby
ferred to, instead of borrowing a specific amount, and placing it to the credit of^.
the Public Treasurer in Bank, to meet the current demands on the Treasury, a\
portion of which, at least, must have remained for a time inactive, I succeeded in. '.
making an arrangement with the Bank of the State, by which the Bank agreed 1
to discharge from time to time as they were presented, all the claims against the
Treasury, noting upon each the day on which it was paid, and charging interest
only from the respective periods of payment Thus by adopting a course at once
liberal on the part of the Bank, and highly creditable to that Institution, a con- ■• j
siderable saving to the State in the way of interest, has been effected — and by
this arrangement, also, the State was enabled at the earliest possible period to
avail itself of the use of its accruing means, and of applying any portion of its re-
venue, the moment it was received to the payment of the debt thus incurred — the
amount of claims thus paid by the Bank up to the 24lh day of June 1836, was
ten thousand nine hundred and sixty six dollars sixty two cents, ($10,966 62,)

4t which time the proceeds of the June dividends, due from the Bank of the Slate,
and the Bank of Cape Fear, vvere applied so far as they would go to its discharge —
the same course was continued by the Bank up to the 22d day of September, on
which day a sufficient sum having been received from the Sheriffs on account of
the ordinary Revenue, the wrhole amonnt due the Bank was settled and paid.

Under the act of last session, entitled "an act to provide for the payment of
the instalments on the shares reserved to the State in the Capital Stock of the Bank
of the State of North Carolina," I received on the 22d day of March last, from
the Commissioner appointed by the Governor to negotiate a loan in behalf of
the State, the sum of one hundred thousand dollars, which on the same day I ap-
plied to the payment, of the principal and interest of as many shares of the reserved
stock as that sum would cover, beingnine hundred and twenty one shares; and on
thelst day of August following, I also received from the commissioner aforesaid,
the further sum of three hundred thousand dollars, which on the succeeding
day was applied to the payment, in part, of the principal and interest of two thou-
sand eight htindred and thirty seven shares subscribed on that day, that being the
number wanting, necessary to complete the subscription on the part of the State, and
^1 the number also necessary to make up the entire capital of the Bank. The balance
doe upon the shares thus siihscribed amounting to thirteen thousand seven hun-
' "dred and seventy nine dollars and seventy eight cents, was paid out of the divr-
1* dends received upon them. For the amount of money thus received, I executed
' and delivered to the commissioner, four hundred certificates of one thousand dol-
lars each, as required by the 1st and 2d sections of the act of assembly, authori-
sing the loan. The whole number of shares now belonging to, and held in the
name of the State is four thousand and fifty eight, which cost the aggregate sum
of four hundred and forty three thousand six hundred and ninety one dojlars and
eighty six cents, ($443,691 86.)
^^ The capital stock of the Bank being now wholly subscribed and paid foif, it
^rmay be said to have gone into fair and full operation, and in order the better to
subserve the wants of the community, the capital has been distributed among its
several branches and agencies as follows, to wit : to the Branch at Newbern
$200,000; to the Branch at Fayetteville $250,000; to the Branch at Tarbo-
rough $150,000; to the Branch at Elizabeth City $1-50,000; leaving the re-
maining sum of $750,000, for the principal Bank at Kaleigh, and the agencies
at Charlotte, Morganton, Leaksville, Milton, Wilmington and Windsor, This dis-
position of the capital when taken in connection with the amount and distribution
of that of the other banking institutions of the State, it is believed, will afTord
ample means if properly managed, for carrying on and facilitating to a just ex-
tent, the commercial and agricultural pursuits of the community; while the ag-
gregate of the whole will not form an amount sufficient to induce the Banks to
incur the risk of excessive issues, in order to find employment for their capital,
nor to create among the people an undue spirit of speculation; and at the same
time, any depreciation in the value of the circulating medium, always produced
by these causes, may be avoided. Should, however, the present amount of Bank-
ing Capital within the State, not be deemed sufficient for the actual wants of its
citizens, it is respectfully suggested whether it would not be advisable to enlarge
the capital of the existing Banks in preference to the incorporation of others.

Since the last annual report from this department, I have continued from time
to lime, as the means of the Literary fund accumulated, to invest them in the re-
served Stock of the Bank of the State, as directed by a resolution adopted^ by the
President and Directors of that fund, in January 1835. Within the period referred
to there has been subscribed, in behalf of this Fund, two hundred and seventy sir
shares, which cost the sum of twenty nina thoueand eight hundred and seventj-

nine dollars and seventy cents, as will be seen hy reference to the disburse-
ments enumerated under the appropriate head — the whole number of shares now
belonging to this Fund in the Bank of the State, is nineteen hundred and forty
two, the aggregate cost of which, is one hundred and ninety seven thousand seven
hundred and'sixty seven dollars and thirty three cents. There are likewise belong*
ing to this fund two hundred and eighty two shares of Stock in the State Bank,
one hundred and forty one in the Bank of Newbern, and fifty in the Bank of Cape
Fear, as also the dividends of three hundred and fifty nine shares, owned by the
State in the Bank of Newbern, and seven hundred and four shares in the Bank
of Cape Fear, which together with the sum of three thousand eight hundred and
forty five dollars and nine cents, unmvested in the Treasury, constitutes the en-
tire amount of means belonging to the Literary Fund at the close of the last fis-
cal year. .

By an act of the General Assembly, passed at the last session, entitled 'an Act
making it the duty of the Governor to convey to the Justices of Haywood Coun-
ty Court, certain lands therein described," ii is made the duty of the Governor to
convey to the said Justices io trust for the county of Haywood, all the, Cherokee
lands remaining unsold within the said county, whenever the Justices thereof
shall execute and deliver to the Public Treasurer, bonds with securities, to be
approved by him, for such sum as the said lands may be ascertained to come to, at
the prices prescribed by law, as the minimum prices for lands of the quality that
the said lands were apportioned to be, by the commissioners by whom the same
were surveyed, and that the bonds so executed shall be payable in four equal an-
nual instalments — under the provisions of this act, four several bonds, bearing date
the 13th day of August 1836, for the sum of eleven hundred and thirty three dol-
lars and six and a fourth cents each, have been executed as required by the Act,
by ihe Justices aforesaid, and are now on file in this Department.

It will be observed, on examining the disbursements made from the Public
Fund, during the last fiscal year, that they have exceeded the receipts of that
fund, by the sum of two thousand six hundred and seventy dollars and thirty-
eight cents, ($2,670 38) to supply which deficiency, recourse has been had to
the use of the fund set apart for Internal Improvement, — in fact, in the course of
the year, the entire amount of the Internal Improvement Fund, was used in the
payment of claims chargeable on the Public Fund ; it being deemed better thus to
apply it, than to pay interest on a like amount borrowed from the Bank ; and particu-
larly so as no appropriation from the fund for Internal Improvement was made at the
last session ; nor was there a probability of any claim chargeable on that fund being
presented within the year. Upon the receipt of the revenue from the Sheriffs,
on the first day of October last, the whole amount of the Internal Improvement
Fund was repaid ; but the disbursements, since that period, have again made it ne-
cessary for the public fund to become its debtor for the sum above stated. It is ev-
ident, therefore, from the present state of the Treasury, that speedy provision must
be made either by loan or otherwise, for meeting the (-urrent demands upon it.

The accompanying statement marked C, exhibits the amount of Treasury
Notes issued under the several Acts of Assembly; the amount at difl^erent peri-
ods redeemed and burnt; and the amount yet unredeemed. Judging from the ra-
pid decrease in the amount presented for redemption within the last three years,
it may be fairly inferred, that in the course of a similar period, the whole amount
yet in actual circulation, will be redeemed ; and this very troublesome and hith-
erto laborious business, brought to a final close.

Copies of such Bank exhibits as have been received at this office since the last
session, are hereto annexed ; and copies of such others, as may be received du-
ring the present sitting of the General Assembly, will be promptly furnished.

The accompanying statements, marked from A. to H. inclusive, contain such
information on the various subjects, to which they relate, as the books of this
Department furnish ; and which, it is believed, embrace all that the act, regula-
ting the Treasury Department, requires.

In the month of May last, Col. Samuel Chunn, who has been the State Di-
rector in the Buncombe Tujrnpike Company, for several years past, resigned
that appointment, and the di^ty of filling the vacancy, being by the Charter, de-
volved on the Public Treasurer, I issued a commission to Dr. J. F. E. Hardy, of
Ashviile, who had been weirTeoommended ; and in whose hands, I have no
doubt, the interests of the State may be safely entrusted.

That portion of the Revenue collectable by the Sheriffs of the State, has again
iieen promptly and pun2tually accounted for; but I regret to say that several of
the auctioneers, who are liable for the tax due upon their sales at auction, have
failed to account for the same as prescribed by law. A list of the officers thus
delinquent, with the amount due bj^ each, has been certified and published in the
State Gazette, as required by the 23d section of the " Act concerning the Public
Treasury ;" and such further measures, as the Act requires for securing the
amount due the State, will be taken in proper time.

All which is respectfully submitted,

SAMUEL F. PATTERSON, Public Treasurer.

!» .... A.

' Statement of Cash received hi tiie Treasury, from the 3Ut day of October,
1835, to the Isl day of November, 183G, on additional returns of Taxes.

Sherif

John Gamble, Late Sheriff",

Samuel Bird, " "

William G. Jones,

Thomas L. Lea,

Thomas Ward,

William Cir:=on,

Thomas Wilson,

John McLean,

R G. Cowper, (late.)

John D. Bennett, "

Hampton B. Hammond,

James H. Wood,

Leslie Gilliam,

Neil McAlpin,

C. B. Morris,

Samuel Bird, (late) Tavern Tax., Yaiicy,

Counilcs,

Ashe,

Yancy,

Warren,

Caswell,

Lincoln,

Rutherford,

Yaucy,

Cumberland,

Hertford,

Washington,

Anson,

Northampton,

Granville,

Robeson,

Now Hanover,

Tas Due,

Am'i paid

D. C.

1833

I 88

1834

15 04

IG 14

88 70

90 56

35 12

43 21

7 ir

26 t;o

14 43

48 91

1832 and 4

50 78

1831 and 4

37 66

1834

22 13

18 88

$517 21

m^i^^mm

15 04

•Statement of Cash received ia the Treasury on the Bonds due on account oi
Sales of Cherokee Lands, from 31st of October, 1835, to the Ist NovembVr,
1836, belonging to the Fund for Internal Improvement.

Date.

From whom Received,

Bonds paid.

Amount.

1835

D. C.

Nov. 16

Elihu Coward,

in fnll 4th Instalm't

S3 25

Jonathan Coward,

in part 4 "

20 00

John B. Love,

" 2

30 00

Samuel Byrd,

in full 2

44 58

" 3

62 93

11 4 »•

60 75

David Peek,

» I ii

22 21

" 2

42 66

it 3 «

41 07

" 4

39 49

John Rich,

it 1 i<

21 40

.. 2

41 37

» 3 •«

39 85

<t 4 »

38 33

Lindsey Fortune,

" 2 "

36 40

" 3 "

44 62

<« 4 «t

42 95

John Murray,

" 2

14 10

in part 3 "

35 90

James Shearer,

in full 3

3 8G

a 4 11

28 31

Wm. W. Percy, Adm'r of R. and

Jesse Fulton,

in pari 2

30 00

William Mason,

Ii 4 II

7 00

Samuel Sherrell,

" 3 "

20 00

Eli Ritchie,

u 4 <>

27 25

Hugh Gibbs,

'.t 4 «

75 00

John Moore,

" 3 "

35 00

it J It

40 00

Joseph Buchanan,

in full 2

72 00

do •

in part 3

3 00

Thomas Kimsey,

in full 3

12 50

do •

in part 4 "

7 50

Joab L. Moore,

in full 1

1 52

do •-

in " 2 "

41 28

do •

in part 3 *•

17 20

Silas H. McDowell,

in full 1 "

14 44

.. 2

27 81

do •

" 3 •'

26 79

do •

<t 4 i>

25 69

William Siler,

(« 4 <t

74 18

Joseph Shepherd,

.. 1

37 46

.< 2 "

46 74

" 3 "

69 70

> do

K 4 (1

67 09

Statement B — Continued,

183.5

1> C.

John J. Posey,

in lull 1st Insa'ra't.

25 40

" 2

48 95

" 3 "

47 12

John Anions,

in part 3 "

5 00

Samuel Gibson,

.. 3

30 00

John Hyde,

in iull 1

12 47

.. 2

12 53

Lincoln Fuliana,

in full 3

89 26

do ,

in part 4 "

12 54

Samuel Bryson,

in full 3

78 89

in part 4 "

71 11

Henry Wilson,

» 4

10 00

Samuel Crawford,

in full 2

49 08

John Gribble,

.. 3

104 55

in part 4 "

5 45

James PattersoD,

in full 4

56 52

Dec.

John Cutcher.

" 4

9 55

William Cathey,

" 2

12 00

" 1

75 86

John J. Posey,

<i 4 11

45 55

Abraham Picklesimer,

ii ^ II

18 30

David Rogers,

in part 4

35 00

Margaret Welch,

.. 2

200 00

.1 3 i<

200 00

It A «

134 96

William Cathey,

"3 "

12 14

Abraham Picklesimer, .

u 4

2 67

1836

James Truet,

in full 4

1 25

Feb. 23

Thomas Shepherd,

" 1

25 57

" 2

49 25

" 3 "

47 09

II 4 11

45 1-7

II ]^ II

3 76

" 2 "

2 88

1. 3 .1

22 32

II 4 II

71 32

II J II

5 02

II 2 "

4 43

John Johnson,

" 2

3 93

" 3 "

99 12

II 4 II

95 07

II 3 .1

77 70

II 4 u

98 61

S3630 70

Statement of Treasury No'es issued and reported (o the Comptroller, and put in
circulation, ^according to the Acts of Assembly of 1814, 1816, and 1823.

Amountissuedunder tbeAct of 1814 - - $82,000 00

do do do 1816 - - 80,000 00

do do do 1823 - - 100,000 00

Amount burnt l>y the Committee of Finance, accor-
ding to the Comptroller's Report of 1819 943 34
do do do 1821 7,710 00
do do do 1822 9,784 52
do do do 1823 6,310 5U
do do do 1824 5,696 25
do do do 1825 12,170 894-
do do do 1826 15,392 46
ffo do do 1827 15,523 98
Jo do do 1827 9,303 76
do do do 1828 17,781 89
da do do 1829 19,971 85^
do do do 1830 21,601 61
do do do 1831 29,811 77
do do do 1832 18,681 38J
do do do 1833 10,565 41
do do do 1834 ' 5,138 22'
do do do 1835 3,356 29

$262,000 00

209,744-14

52,255 86
Deduct the amount on hand in the Vault of tl:e Treasury, 1,368 11

Shewing balance unredeemed, and in circulation, of $50,887 75

Statement, shewing the number of Shares of Bank Stock owned by the State of
North Carolina, and by the President and Directors of the Literary Fund,
November 1st, 1836.

Shares of Stock of the Bank of the State of North Carolina,

held in the name of the State of North Carolina, 4058

Shares of Stock owned by the President and Directors of the
\^ Literary Fund, ' 1943

Do of Stock in the Bank of Cape Fear, owned by the State;

and Dividends unappropriated, 10

Do of -Stock in do appropriated to Fund for Internal Im-
provement, 1358

Do. do owned by the President and Directors of the Literary

Fund, and purchased with cash belonging to that Fund, 50

Do do Dividends appropriated to Literary Fund, 704

6000

Do of Stock in the Bank of Newbern, owned by the State,

and Dividends unappropriated, 155

Do do Dividends appropriated to Fund for Internal Improve-
ment, . 1304

Do do Dividends appropriated to Literary Fund, 359

Do do owned by the President and Directors of the Literary

Fund, and purchased Tvith the cash belonging to that Fund, 141

212^

Do of Stock in the State Bank of North Carolina, owned by

the State, and Dividends unappropriated, 2768

Do do owned by the President and Directors of the Literary

Fund, and purchased with the cash belonging to that Fund, 282

1959

3050

Aggregate number of Shares, 13,131

The State has received on the Stock of the State Bank of North Carolina,

^riie following Dividends of the Capital, viz :

- One Dividend of $50 per Share.

j " '• 20 " "

i II 11 g 11 i<

i «t It JQ' It i<

Total Capital received of the State Bank, $88 per Share,

On the Bank of Newbern,

- One Dividend of $25 per Share.
20 "
>, II II JO «•

'» II II TC » (•

I H II T II <»

' Total Capital received of the Bank of Newbern, $77 per Share.

.3 "

•IRfl

gtatement of the nett produce of the different branches of Revenue and the amount of casli
deceived thereon into the Public Treasury, from the 31st day of October 1835, to the
first of November 1836.

Branches of Revenue.

Amount.
23,226 52

Aggregate.

Tax on land

- " " Town property,

1,620 42

•' •• Polls,

28,016 02

" " Stud horses,

1,494 61

" " Gates,

122 20

" " Stores,

10,835 38

«• " Pedlars,

3.322 90

" " Artificial curiosities,

1,635 60

•• " Natural do.

451 20

" » Billiard-tables or tables of chance,

470 00

" •• Brokers and Lottery Offices,

188 00

71,382 85 j

BANK TAX.

Bank of the State,

2,250 00

" " Bank of Cape Fear,

1,595 00

" " Bank of Newbern,

BANK DIVIDENDS OF CAPITAL STOCK,

562 50

1
4,407 50

" " Bank of Newbern,

12,726 00

BANK DIVIDEND OF PROFIT UNAPPBOPRIATED.

•• •' Bank of the State,

38,815 50

« " Bank of Cape Fear,

75 00

38,890 50
950 00

Buncombe Turnpike Company Dividends,

STATE LOAN.

Charles Manley, Treasurer, University

100,000 00

Treasurer of the U. S. of America.

300,000 00

400,000 00

TREASURY LOAN.

Bank of the State of North Carolina,

10,966 62

Cash received from H. H. Cooke, his band,

223 47

•• " Miss E. E. Haywood, rent,

10 00

•^ " J. H. Lindsey,

3 00

236 47

Aggregate amount received on account of public fund,

$539,559 94

LITERARY FUND.

Bank dividends of profit.

20,424 50

" " Bank of Newbern Capital Stock,

987 00

Dividends Roanoke Navigation Company,

1,375 00

" " Cape Fear,

417 22

Tavern Tax for 1835,

2.597 22

Auction tax for 1835 and 1836,

1,159 06

Entries- of vacant land,

5,682 71

\
$32,642 71 '

Aggregate amount. Literary Fund

INTERNAL IMPROVEMENT FUND.

Bank dividends on stock appropriated to fund for In

ternal Improvement

10,185 00

" Amount received on Cherokee bonds.

3,630 70

" " Jonathan Philips' bond.

275 25

" '* John Rutherford Jr, do

2,016 33

" " Sale of Dredging machine.

87 65

$16,194 93

Aggregate of Internal Improvement fund.
Aggregate amount received on account of Public

Fund, Literary Fund, and Fund for Internal

Improvement. •

$588,397 58

Statement of Insolvents allowed by the Comptroller to the Sherifis in their settle-
ment of the Taxes of 1 835.

Sheriffs.

Counties.

No. Polls.

Amount.

D C

William G. Jones

Warren

12 60

William B. Cole

Richmond

9 00

James Simmons

Halifax

175

35 00

Fielding Slater

Rowan

167

33 4©

William Thompson

Wayne

8 40

Thomas Ward

Lincoln

11 20

Joseph McConnaughey

Mecklenburg

9 86

Nathan Bagley

P^rquimons

7 40

Thomas Wilson

Yancy

16 20

Isaac Baxter

jCurrituck

4 60

William Carson

Rutherford

130

26 00

John B. Dawson

Craven

105

21 00

John McLean

iCumberland

131

26 20

Martin Roberts

iRockingham

15 00

William D Petway

Edgecomb

114

22 80

Edward K. Jegitts

jHertford

10 40

Risden McDaniel

Jones

1 80

Salathiel Stone

{Stokes

19 80

James W. Doak

iGuilford

111

22 20

William Kenneday

Davidson

10 60

Robert B. Davis *

Washington

5 40

Joshua A. Pool

Pasquotank

6 60

William D. Rascoe

Chowan

6 4®

John Harman

Chatham

126

25 20

James H. Wood

Northampton

10 60

John W. Taylor

Greene

3 60

H. G. Hampton

Surry

9 60

Guston Perry

Franklin

12 20

Joseph M. Bogle

Iredell

101

20 20

J. J. Bryan

Wilkes

7 60

Bryan H. Griffin

Pitt

15 20

Curtis Thompson

Sampson

9 00

Allen S. Ballenger

Johnston

15 60

2353

$470 60

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(HOUSE OF COMMONS No. 3.)

REPORT

OF THE

€0JfrJfII/SS10J\'ERlS

FOR KE BUILDING

*ffHIE (DAIPE^®IL

t". ItorlnSTt Prluter, Ralelsb, ST. C.

1836

REPORT

or THB

FOR REBVILDINa

THE CJPITOL,

The prosress of the work in rebuilding the State Capi-
tol, durinsT the present year, has not been as great as was
anticipated by the Commissioners, while the expenses, oper-
ated on in the mea»tiine by circumstances, not within their
control, and which could not have been foreseen, have in-
creased the amount of disbursements beyond their expec-
tations.

The difficulty which was apprehended in arriving at any
thin? like accuracy, as to the time it would take to complete
the Portico, and main eiuahliture of the Building — embra-
cing carvinsfs, extensive and intricate, upon which the hands
for the last fifteen months have been principally engaged,
has been fully realized in the resnlt; while the severity of
the last winter, and loss of hands in the Spring, tended
still further to retard the advancement of this part of the
work to the point, at which the Commissioners had indulg-
ed the hope of its arrival by this time. The demand for
Rock Cutlers to the INorth. particularly in the City of New
York, at the close of the winter was so jjreat, as to compel
the Commissioners to commence the summer pay as early as
the first of March, at Two Dollars and twenty-five cents.
And even at this rate, so large a portion of the hands, enti-
ced by the prospects in that quarter, left the Job in May, as
to threaten an entire suspension of the work. To supply
the deficiency, it became indispensible to comraission .the

.-nisaft,

Superintendantto proceed to the North,and to employ hands,
9na pay expenses of their tran^porlalion to this place. The
object was effected, gnd the service perfc)rm««d in a most sat"
istactory manner to the Commissioners. By ihe time of
the arrival of the new hands, a further increase of wages had
taken place in JN'ew York, when the Board, to avoid a simi-
lar dilemma, to that from which they had just escaped, and
vhich would undoubtedly have been experienced, were un-
der the necessity of making a further increase of seventy -tive:
cents per day, frov(i the first of June to the tirst of Novem-
ber; the time of the termination of sumtner rales — being
the same allowed in New York» including the extra houria
the day over the lime of working there. A raise of the
pay of labouring hands from fiffy to sixty-two and a half
cents per day, both at the Quarry and Capitol, had also be-
come iudispensible to retain a competent force at these pla-
ces, in consequence of the demand lor hands of this descrip'
tion upon the rail road, now constructing between this and,
the Roanoke, together with the high price of provisions ia.
the neighborhood.

Upon reference to the facts and circurr stances connected
with the operations of the work, as detailed in the precede
ing hnes, its progress and cost within this year, compared
with the last, exhibit no essential difference not accounted^
ioT according to the above views of the subject. ,-^

Towards the close of the winter, the Comtijissioners were
notified by the Raleloh rail road company, of their unwil-
lingness to continue longer to transport Rock to the Capitol^
on ihe terms at which they had beea performing that ser-
vice since the commencement of the work, and proposed
that the Commissioners take ihe entire control of the road,
and allow them a given sum hy the year for its use ; untor-^
tunately for the State, no contract had been entered into at
the beginning, which would put it out of the power of the
company, had they been so disposed, to exact whatever
price for hauling, ihey might require. Thus circumstanced^
the Commissioners did not hesitate to make the bestterm?
they could, to avoid such a contingency. They accomplish'
ed, finally, a permanent arrangement with the company, aU

lowing them at the rates of one thousand dollars per annum
{ot the use of the road^ as long as the Commissioners should
deem its use essential to the interest of the State, in the
prosecution of the work on hand.

The Slate had in the first year paid the company for haul,
ing $3200 (ihree thousand two hundred dollars,) in the se-
cond year, $-2600 (two thousand six hundred dollars). By
this arrangement, it is believed, there will be a considerable
saving to thi^ Stale, as the hauling can be performed by the
horses attached to the Q,narry, and the repairs to the road,
\\hich may be required to k« ep ii in condition to answer the
purposes of the State, can be done by the hands oif the
State, and principally by the common laborers, of which
elass, the Commissioners are compelled to keep, for hand-
ling the rock of immense weight, required on the part of
the building in execution during the present year, a lar-
ger force than can be constantly employed ; while the work
will be freed from risk of exhorbitant exaction, which at
any time could have been enforqed by the company.

The Commissioners regret that the article of copper, a
material of which from the beginning was intended to form
the covering of the building, has for some time been far above
the usual rate, This article, under any circumstance, will
co:istitute a heavy item in the cost of the building ; the en-
gagement therefore was suspended, as long as the work
would admit, with the hope of a fall in its price. But being
advised that there was no probability of a decline, and the
advanced state of the work requiring an early commence-
ment of its preparation, a purchase was lately made at the
current rate, and an experienced Artist engaged for the ex^
eiution of that part of the work. Tin or zinc would have
cost about half the price of copper, but being far less dura-
ble in their nature, and of course less appropriate covering
to a building composed of the material of this, and of its
character of workmanship, the former was therefore pre-
ferred.

In carrying out in execution the general design of this
building, the Commissioners are disposed to be governed
by one rule viz : To suffer no part in material or workman-

^hip, from considerations of expense, to attach an idea of
meanness to the whole or any part thereof, believing that in
acting upon this principle, the completion of this great work,
identified with the pride and character of the State, they will
more fully accomplish the wishes and expectations of the
Legislature, than by a course, which for the sake of saving,
the building would when done be looked upon as a piece of
mere patch-work.

In following out this rule, one of the most prominent ca-
ses showing the propriety of its general bearing and neces-
sity of its observance, will be; seen in the basement of the
building, where the sides of the passages, partly put up in
rough rock, during the first year of the work, and intended
for plaster, are now designed to be superseded by walls of
faced rock as high as the springing of the ground arches, if
of plaster, as originally proposed, it would be easy to foresee
that the sides of these wall'^, flanking tho public high-ways
of the building, in a short time would become defaced and
mutilated — and when taken into consideration, Iheir imme-
diate connection with the basement rotundo of liewn rock,
the incongruity would be so apparent, as to render them
forever objects of pfiinful contemplation.

The general design and plan of the building is now set-
tled, and drawings made out for the execution of the work
accordingly, which upon examination will be found, that the
interior arrangement of its various apartments, with a view
to the different objects of the buildins', are appropriate and
harmonious. On the principal floor is located a I the rooms
necessary for the accommodation of the Legislature — in the
North end, the Senate chamber — in the South end, the
ball of the House of Commons, with suitable offices for their
clerks ; on each side of the passage ways connecting the
Porticos witli the Rotunda, are the commiitee rooms. In
the Basement the offices for the different departments of the
State — on the upper floor, in the East and West centre pro-
jections, the Supreme Court and Library rooms, the former
thus situated, will be removed from the bustle and intrusion,
to which it would be exposed, if placed contiguous to the
public Halls ; while the latter will be suitably retired, an4

where a height of ceilling may 1)6 attained to admit of the
introduction of an order of Architecture, appropriate to the
objects of these rooms.

The great Stair -ways have prominent starting points, at
the entrance of the Portico's in the Basement, and an easy
and uninterrupted continuance to the apartments and galle-
ries above.

The Board have spared no pains in settling the plan of
this edifice in all its parts, with the strictest regard to the
principles of Aichiteclure, and rules of Architectural taste.
In accomplishing this important object they have been gui-
ded by the highest professional skill, not even adopting the
design upon the recommendation of Mr. Paton, our superin-
tendant alone (who has displayed unexampled skill in car-
rying this work through nearly all of its most difficult and
intricate parts of execution^ with extraordinary accuracy and
precision,) but in accordance with his wishes, it has been
submitted to Architects of the first character, in the United
States, who have examined and given their most decided
approval and strongly recommended its adoption.

When the building shall have been completed as contem-
plated ; notwithstanding its cost will be great, yet taking
into consideration the rock of which it is constructed, is out
of the Slates' own Quarry, and the facilities afforded in its
transportation for the magnitude of the work, the material!
of which composed, and the style of its execution, it will
be one among the cheapest buildings of its character in the
United States, and will perhaps present one among the finest
specimens of classic taste in Architecture.

The commissioners knowing, from experience, the uncer-
tainty of arriving at any thing like accuracy, in estimating^
the time it will take to complete the building, or the amount
of its final cost, and doubting whether such estimates now
will be deemed by the Legislature of any importance in tho
advanced state of the work, decline any calculation on the
subject, except merely to ask an appropriation for the ensu-
ing year of the same amount, as was appropriated for the
last, to enable them to carry on the work to its completion.
But should there be no session of the Legislature in the en-

suing iallj and this sum fall short of finishing the building
and procuring the necessary furniture, to place it in condi-
tion to accomniodatc the Legislature at the Session of the fall
next thereafter ; in this case, then, provision should be made
to avoid such a contingency*

The funds heretofore appropriated for this object have been
drawn from the Treasury of the State, to meet the expenses
as they occurred. Theie will remain on hand on the first of
next month, of the amount unexpended, thirteen thousand
dollars.

The amounts exhibiting the disbursements of the press«nt
year, are arranged by the Clerk, and in readiness at the Su-
perintendant^s office, for examination, where any committee
appointed by the Legislature, are invited to hold their meet-
ings, and where every facility will be afforded, to enable
them to arrive at a satisfactory understanding of the subject,
to which their attention maybe directed.

I have the honor to be very respectfully,
your obedient servant

BEVERLY DANIEL,
Chairman of the Board Co namis-
sioner's of the State of N. C

iiyfii'i.'i

(HOUSE OF COMMONS, No. 6.)

REPORT

OF THE

COMMISSIONERS,

, APPOINTED TO REVISE AND CONSOLIDATE

— (SC

THE undersigned, appointed, under the provisions of an act of the Gen-
eral Assembly, passed in the year one thousand eight hundred and thirty
three, Commissioners to revise and consolidate the Public Statute Laws of
this State, respectfully report.

That they have completed the task assigned them, and the result of their
labors IS novir submitted to the Legislature. Their revision, including all
! the Public Acts of our own Legislature and the Statutes of England, believ-
ed to be still in force in this State, is comprized in one hundred and fifteen
;acts, which in obedience to the directions of the last General Assembly have
been sent to the Printer appointed for that purpose by the Governor, and
have all been printed with the exception of eleven, (which are now in the
press) and will accompany this communication The commissioners have
pursued the plan which they indicated to the General Assembly in their
report made at the first session after their appointment. They have con-
sohdated in one act, all the Statutes both our own and English, which rela-
ted to the same subject, pointing out by marginal references, the sources from
which each section and part of the act were derived. The Commissioners were
restricted, except in one instance, by the law under which they acted, from
offerinsT any new law, or from making such alterations as would affect the
(Sense or construction of any of the Statutes. With this restriction they have
endeavoured carefully to comply, and in a very few instances, w^here an a-
Tiendment seemed obviously called for, and was inserted, it has been mark-
id in the margin "proposed as an amendment" or has been left without any
narginal reference They were indeed authoriz«^d at their discretion to re-
'.ommend ihe repeal of any Statute, and the adoption of such new provis-
ons as such repeal might render necessary. But on reflection, they have
leemed the exercise of such a power of too delicate, if not presumptuous a
iature,and they have thought it better,with the exceptions above referred to,
o leave to the Legislature the suggestion as well as the perfection of such a-
aendments of the Law, as the public interest may require. A list of the

acts revised is hereto appended marked A. If the Legislature should adopt
this revision with such alterations as their wisdom will suggest, and direct
its publication, it is respnctfully pioposed that the revised acts, should be
published in one volume, arranged in alphabetical order according to their
heads or titles, with reference to decisions of the Supreme Court, and that
these should be prefixed in the same volume, the Constitution of this State
and of the United States, and added in an appendix the Statutes relating to
descents, to the probate ol wills and granting letters of administration and
the probate of deeds and perhaps some others which have not now any
prospective operation, but which are the subject of frequent reference in the
in-vestigation of claims to real and personal property.

There are many of our public Statutes, which from their very nature were
not susceptible of revision and consolidation ; such are the charters to the
University, to the several Banks of this State, and to the navigation and
Rail Road companies, and the Statutes defining the boundaries of the State
and of its several counties, and perhaps some other Statutes. Of these the
Commissioners recommend the publication in a second volume, of which,
being of less general interest, and less frequent reference, a smaller number
of cop es than of the first volue will be required. A list of these acts is hereto
appended marked B.

A list marked C. is also appended, of such public acts of the General As-
sembly to be found in the Revised Code, Taylor's Revisal and the Pamphlets
since that period, as the Commissioners believe to have become obselete or
to have been repealed or superseded by subsequent acts, or to have had their
effect. This list is perhaps too comprehensive in its title, because it does
not embrace many acts and parts of acts relating to subjects on which a re-
vised Statute has been reported, and when the repeal may be seen by exam-
ining the marginal references.

The Commissioners in conclusion will remark, that they are aware the ex-
ecution of the trust reposed in them required no high degree of ability, but
demanded rather patient investigation, care and attention. However faith-
fully they may have endeavored to apply these qualities, they are fearful that
there may exist many defects and imperfections in their work. The difiicul- -
ty of avoiding these and the labor necessarily employed, may be in some de- -
gree estimated from the fact, that the public printed Statute laws of this State,
without reference to the British Statutes, consist, of nearly two thoisand
acts, 11 of which had to be carefully examined and collated, and the parts
still in force to be arranged in proper order and under their appropriate heads, ,
If the present revision should be adopted, the whole Statute Law,including the ;
British Statuti s, in force in this State, will be comprised in about one hun-
dred and fifteen acts, some of them very short and none inconveniently ]
long.

The Commissioners will feel a high gratification if they shall have been
in any degree instrumental in abridging the labors of future Legislation, or
in diffusing more generally a knowledge of the laws, which m every com-
munity is essential to the security, the happiness and the liberty of the people.

FREDERIC NASH.
JAS. IREDELL.
Raleigh, Nov. 28th, 1836. WILL. H. BATTLE.

List of the Revised Acts.

No. 1. An act concerning Book Debts

2. Entries and Grants.

3. Wrecks.

4. Militia.

5. Public Documents.

6. Elections of Members of Con-
gress.

7. Bastard Children!

8. Divorce and Alimony.

9. Attornies at Law.

10. Constables.

11. Poor.

1^. Bail in civil cases.

13. Fxecutors and Administrators.

14. Coroners.

15. Comptroller.

16. (Quarantine and Health.

17. Treatsurer of the State.

18. Revenue.

19. Religious Societies.

20. Evidence in certain cases.

21. Abatement.

22. Oysters.

23. Secretary ot State.

24. Mad Dogs.

25. Wills and Testaments.

26. Pensions.

27. Overseers.

28. Usury.

29 Electors of President and Vice
President.

30. Replevin.

31. Huntino^.

32. Currency.

33. Draining low lands.

34. Notaries.

35. Corporations

36. Internal Improvement.

37. Partition of real and personal
estates.

38. Pilots and Commissioners of
Navigation.

39. Attorney General <fc Solicitors.

40. Strays.

41. Idiots and liunatics.

42. Weights and Measures.

43. Attachments.

44. Mines.

45. Fences.

46. Descents.

47. Patrol.

48. Legacies, Filial Portions &c.

49. Cattle, Horses and Hogs.
5U. Seamen.

51. Repeal of Statutes.

52. Towns.

53. Slander of Women.

54. Charities.

55. Ordinaries.

56. University.

57. Vice and Immorality.

58. Official Bonds.

59. Apprentices.

60. Oaths.

61. Governor and Council.

62. Rivers and Creeks.

63. Mills and Millers.
'34. Guardian and Ward.

65. Insolvent Debtors.

66. Supreme Court.

67. Courts of Equity.

68. Public Printer.

69. Justices of the Peace.

70. Commissioners of AfRdavitf^.

71. Fairs.

72. Common Law.

73. Salaries and Fees.

74. Offices,

75. Burning Woods.

76. Seat of Government and Pub-
lic Buildings.

77. Surety and Principal.

78. Literary Fund.

79. County Trustee.

80. Bills, Bonds and Promissory
Notes.

81. Fvands of Deceased Debtors.

82. Auctions and Auctioneers.

83. Clerks of the County and Su-
perior Courts.

84. Deeds and Conveyances.

85. Sheriffs.

86. Limitations.

87. Waste.

88.

c^nti
Gaming ' |ntracfs.

nued.
101.

89.

Processioning.

102.

90.

County and Superior Courts.

103.

91.

104.

92.

Money in the hands of Clerks
and Sheriffs.

105.

93.

Court Houses, Prisons and

106.

Stocks.

107.

94.

Clerks and Masters in Equity.

108.

95.

Oouiity Revenue and Charges.

109.

96.

Marriage.

110.

97.

Prisoners.

111.

98.

Frauds and Fradulent Convey-

112.

ances.

113.

99.

Estates.

114.

100.

Crimes and Punishments.

115.

Executions & Execution Sales.
Appeal &c.
General Assembly.
Roads, Ferries and Bridges.
Slaves and Free Persons of

Colour.
Forcible Entry and Detainer.
Quo Warranto and Mandamus,
Bank Notes.
Amendments.
Widows.

Boats and Canoes.
Public Arms.

riminal Proceedings.
Habeas Corpus.
Inspections.

Acts to be put in the second volume.

1722 c

1728 c

1729 c
1734 c
1741 c

" c
" c

1745 c

1746 c

1748 c

1749 c
" c

1752 c

1753 c
'• c

1756 c
" c

1757 c

1758 c
" c

1759 c

1760 c
1761c
1762 c
1764 c

1765 c

1766 c
" c

1767 c

1768 c
1770 c

« c
1770 c
*' c
" c
*' c

1773 c

1774 c
" c

1777 c
" c
« c
'' c
" c

40&41

101

104

106

ill

112

113

125

126

1777 c 127
" c 128
" c 130
" cl3l

1779c 144

" " 145
146
147
148
149
150
151
161
162
163
1782 c 183
1784 c 214
215
216
217
218
231
232
240
245
247
248
259
250
c 261
c263
c264
c281
c286
c287
c288
c294
c295
c296
c297
1789 c 299
c301
c 304
c 305
c 306
c 310
c313
c317

1785

1786

1787
1788

1790 c 322
1791 c 333
" c337
" c 355
" c 357
" c358
" c 359

1792 c 367
" c 369
'= c373
" c374
'• c 375

"' c377

1793 c 338
'• c 399
" c400
'■ c401

1794 c 404
" c405
" c 408
•• c 410
'' c421
'• c 427
" c 428

1795 c 448
" c 450

1796 c 461
«' c 463
'• c472
" c 473
" c 479

1797 c 491
1778 c 512

" c 518

1799 c 534
■' c 543
" c 544

1800 c 545

1801 c 601
" c 602
" c 603
" c 604
" c 605
<' c606

1803 c 628
'• c 6-29
" c631

1804 c

(;

♦' C

*' C

" C

'• C

" C

1805 c

" c

1807 c
" c
'•' c
" c
'' c

1808 c
" c

-809 c

((

C
C

" c

1810 c

1811 c

1812 c

1813 c
" c

1814 c
c
c

" c

Sl5c

" c

1816 c
c
c

1817 c-

((

" c

1819 c

" c

((

647

649

654

657

661

673

678

692

696

717

726

734

735

736

737

738

763

772

776

780

781

805

815

826

827

848

857

857 (2d)

870

874

880

884

885

896

897

916

919

930

958

959 (2d)

961

991

997

988

1005

1028

1029

continued.

1819 c 1030

18-23 c 1194

1827 C 32

igation Company

♦' c 1031

" c 1195

'* c 35

" c 21

*' c 1032

" c 1196

«' c 37

«' c42

« c 1033

" c 1198

" c 88

1833 c I

" c 1034

•' c 1199

1828 c 19

" c 3

1820 c 1035

" c 1221

" c 21

" c 4

" c 1060

1824 c 1241

" c 22

" c 13

" c 1062

" c 1242

<' c 33

♦' c 23

" c 1075

« c 1243

" c 37

" c 83

« c 1076

*' c 1251

*' c 39

•' c 84 .

1821 c 1086

*' C 1255

" c 47

*' c 85

" c 1098

•* c 1258

'< c 48

" c 86

« c 1109

«* c J259

" c 50

'* c 87

<• c 1111

1825 c 1270

1829 c 10

1834 c I

" c 1114

" c 1279

" c 15

" C 2

*' c 1115

♦' c 1281

♦• c 16 and all

♦' c 3

'■ c 1118

" C 1292

the Laws relating

*' c 5

1822 c 1140

" c 1299

to tlic Catawba

" c 6

<' c 1144

" C 1300

Company.

" c 7

" c 1115

♦' c 1305

" c 21

<* c 25

«' c 1152

1826 c 3

'* c 27

'< c 28

" c 1174

" C 17

» C 34

" c 59

«' c 1175

" c 20

1830 c 23

" c 60

" c 1176

«* C 24

1831 c 27

1835 c 11

*« c 1177

'* C 70

1832 c 3

" c 81

f« c 1178

" c 117

" c 10 and all

<* c 82

1823 c 1187

1827 c 25

the Laws relating

<' C 83

•« c 1189

•' 0 31

totheNeiiseJNav-

Acts and parts of acts omitted as bein

g obselete, repealed,

superseded

sequent acts, or having ceased to operate

1715 c 2s 2

1779 c 155

1791 c 348

1801 c 582

" c 3s 3

" c 158

" c 355

" c 586

" c 4

1780 c 165

" c 356

1802 c 607

'' c5

" c 166

1792 c 3G0 s 2 3

" c610

" c 6

" c 167

" c 370

" c611

" c 7 s 7 0 10

" c 168

" c 383

" c 612

11 12

" c 169

1793 c 393

" c 613

" c 8

1781 c 170

" c 396

" c 614

" c 9

" c 171

1794c 407

" c 615

" c 10 1 2 3

" c 172

" c 409

" c 620

1722 c 11

" c 173

" c4I6

" c 221

•' c IS s 4 5

" c 174

" c 417

" c 662

1729c 19s I 2 3

" c 175

" c 419

1803 c 630

4 6

1782 c 180

" c 432

" c 634

1738 c 21

" c 182

1795 c 434

" c 637

1741c 23 s 3 6

1783 c 186

" c 437

" c638

" c 26

*' c 187

" c 438

" c 643

" c 30 s 12

" c. 193

" c 440

1804 c 645

" c 34 s 1 2 3

1784 c 196

" c 444

" c 646

" c 35 all the

" c 197

1796 c 456

" c 648

sections from 1 to

" c 198

" c 459

" c. 652

21 inclusive.

" c *-iOO

" c 467

" c 656

1748 c 43

" c 201

" c 471

" c 659

" c 44

" c 202

" c 480

" c 662

1749 c 45

" c 222

" c 481

" c G63

*' c 46

" c 225 s 4

1797 c 484

" c 67 1

1751c 50 s 5

" c 229

" c 489

" c 672

1753 c 52

" c 230

1798 c 495

1804 c 677

1758 c 58 s G

1785 c 223 s 6

" c 499

1805 c 682

1760 c 67

" c 234

" c 500

" c 688

1764 c 73

" c 235

" c 507

1806 c 705

1766 c 80

" c 236

" c 516

1807c 714

1761 c 85

" c 237

1799 c 519

" c 715

1768 c 88

" c 239

" c 521

" c 718

1770 c 90

" c 246

•' c 523

1808 c 758

" c 91

1786 c 250

" c 5'i4

1809 c 784

" c 98

" c 257

" c 530

1810c 788

1773c 102

1787 c 264

" c 540

" c 789

1777c 110

" c266

1800 c 546

•' c 803

» c 114s 6 7 8

" c 270

" c 548

" c 804

15 16

" c271

" c 550

1811c 806

" c 115 s 50 51

1788 c 283

" c 553

" c 810

83 87 88

" c 290

" c 554

" c 817

89 91

" c 291

1800 c 555

" c8l8

" c 124

1789 c 300

" c 556

" c8l9

1778 c 136

" c 315

" c566

" c 825

" c 137

"^ c 316

1801c 568

1812c 834

1779 c 139

1790c 319

" c571

" c 841

" c 140

" c 328

" c 573

" c 843

" c 141

" c 829

" c 576

" c 849

" c 143

1791 c 347

" c 579

" c 854

continued.

1813 c 856

1820 c 1074

1824 c 1240

" ,• 860 .

1821c 1078

" c 1245

1814 c 808

c 1082

" c 1250

" c 875

c 1084

" c 1256

1816 0 904

c 1087

" c 1257

" c 908

c 1088

1824 c 1264

" c 914

c 1089reprd.

" c 1265

" c 919

c 1090

1825 c 1273

" c 920

c 1092

" c 1275

" c 921

c 1099

" c 1277

" c926

c 1100

" c 1280

'• c931

c 1101

" c 1283

" c 932

c 1102

" c 1290

1817 c 957

c 1104

" c 1293

" c 959

c 1105

" c 1298

1818c 967

c 1113

" c 1301

" c 969 (1st)

c 1124

" c 1302

" c 977

c 1125

1826 c 1

" c 979

182S

Ic 1156

" c 16

1819 c 992

c 1160

" c 18

" c 996

c 1163

" c 25

" c 1011

c 1164

1827 c 5

" c 1024

c 1173

" c 8

1820 c 1036

182c

tc 1185

" c 12

•' c 1049

c 1192

" c 16

" c 1051

c 1200

" c 17

" c 1052

c 1201

" c 27

" c 1054

c 1202

" c 28

" c 1057

c 1203

" c 30

■' c 1058

c 1204

" c 34

" c 1059

c 1205

" c 39

" c 1064

c 1206

" c 42

" c 1067

c 1207

" c 45

" c 1068

c 1208

•' c 47

•' c 1069

c 1214

" c 48

" c 1071

c 1224

1828 c 3

" c 1072

c 1230

" c 6

" c 1073

1239

" c 16

1828 c 20

c27

1828 c 30

c 36

c 38

c 40

182e

)c 1

c 2

c 4

c 11

c 12

c 13

c 14

c 18

c 26

126

183C

c 13

c 19

c20

c24

1831

c 5

c 10

c 15

c 35

c 36

c 37

c 38

c48

1832

c 1

c 15

ii^

c 16

c 22

1833

c 2

c 10

c 12

1834

c 18

1835

c 4

c 14

c 21

lit.

[No. 10.]
Legislature of North Carolina — 1836.

REPORT

THE .IBJUT^^ITT €iBJ^ER.SLIj

l^OET'H C^Ail6L]!3l^A.

1836.

HALEIGH;
Tbonias Iioring, Printer.

1836.

rjt «i

REPORT.

ADJUTANT GENERAL'S OFFICE, )

Raleigh, DecewiJer 6, 1836 $.
To the General Asssemhly of the State of North Caiolina:

Gentlemen: Uuder cover hereof I "have the honor to submit sundry
abstracts, marked from A. to E., embracing all the information in regard to the
militia, required by law, to be communicated annually from this office to the
Legislature.

In obedience to a Resolution of the last session of the General Assembly,
requiring the Arsenal at Fayetteville, to be repaired and placed in a condition to
afford better accommodation to the arms, Gen. Ayer, the superintendant of that
depot, ".vas engaged to cause to be carried into effect, the object of this resolution.
Having been disappointed in the expectation of a report from him, of the comple-
tion of the work by this time, I take for granted, from a knowledge of his uniform
promptitude in discharge of his public duties, that there has been no want of at-
tention on his part ; and that the delay has arisen solely from the circumstan-
ces of the case.

No provision having heretofore been made, for cleaning and repairing the
public arms; those at that depot consisting of the olaest arms, have been lying
For many years without any kind of dressing, are now as might be expected, in a
most deplorable condition, and unless something is speedily done to arrest the
rapid process of decay, now operating, they will within a few years, or perhaps
in a shorter time, become entirely worthless, and unfit for any valuable purpose,
I would therefore beg leave, again, to suggest that these arms should be at once
distributed at the cost of the State, among the regiments where exist the greatest
necessity of the militia being constantly armed. It has been found from experi-
ence, vain to expect the militia will incur the expense, even were it right they
should, of transporting arms to the points where they are wanted; under the ex-
istmg act, of three years standing, authorizing the distribution of the muskets at
this depot, upon application of the Colonels of the different counties, not one third
of the counties have applied for their respective proportions ; and in the coufte of
the whele of the last year there has not been a single application which has come
within my knowledge. I take it for granted therefore, that unless they are dis-
posed of as above recommended, or a very considerable expense is incured in
having them put in good condition, they will in a short time be lost to the State.
Should the Legislature determine on the former alternative, I \yould suggest the
propriety of the arms being stamped before issued, so that they may at any time
be identified as the property of the State. A precaution worth while being ex-
tended, if practicable, even to those already afloat, which together with such en-
actments as the Legislature may devise to guard them from becoming articles of
trafic, and against their being carried out of the State, will render them more a-
I vailable for the purposes of the'Stat^, and afibrd greater security than loaned out
'*upon individual guarantee, as freqi-ienily resorted to; which has from experience
been found to h^ a mode of security generally in operation, and at best, inconsis-

tent with a proper regard for that liberality justly expected of the State towards
the militia.

The arms deposited in the Arsenal at this place, have not, as yet, suffered
materially ; but the time has arrived when they should be cleaned and oiled ;
and it cannot, with safety, be longer postponed ; and while undergoing this pro-
cess, it would be a convenient opportunity to have them also stamped, as recom-
mended in regard to those contemplated for distribution. There is an artist, re-
sident in this place, in every respect well qualified, and doubtless can be employ-
ed at reasonable rates, to perform this service. These arms, virhen thus put in
order, together with those now due from the General Government, will consti-
tute a competent number for any emergency; and as many as the two Arsenals
can conveniently accommodate. And the annual accumulation, under the stand-
ing appropriation by Congress, which is nearly equal to a thousand muskets a
year, will enable the State to pursue a regular system of distribution among the
militia of the older arms, while it would beholding in readiness a sufficient
number of efficient arms for any emergen2y which may arise.
I am very respectfully, gentlemen.

Your obedient servant,

BEV. DANIEL,
Adj. GenH M. N. C

ABSTRACT, ;ExhibitiBg the strength of each Regiment, Brigade, and Divi-
sion of the Militia, description, and number of arms, and distribution of those
belonging to the State, in the several counties.

I--

ARMS.

j Pub. Arms

s
o
"n
>

tp
tZ

Counties.

'Sj

"o
6

730

S
6

o
m

339

t3 jn

O _
•^ en

Currituck,

Camden,

730

366

Pasquotank,

598

571

Perquimons,

598

571

2656

1847

Bertie,

293

253

Chowan,

398

333

Gates,

567

404

Hertford,

10
4
8

545

343
1333

2980
349

200

8
30

1798
4454

200
200

114

Bladen,

690

Moore,

773

272

140

Cumberland,

488

130

159

265

Columbus,

391

26411

Sampson,

1005

696'

6
53

3612

314

613

1673

188j

41
9

Anson,

470

250

258

592

209

235

Robeson,

494

102

268

Robeson

262

156

Richmond

424

108

191

273

2515

620

525

952

6127

934

1138

2625

253

Chatham j45

627

63!

13C

692

176:

184

Orange 47

793

64'

440

826

112

446

668

196

181

Randolph 55

901

1 1

413

372

4879
1019

115

7
253

286
1310

1490

740

(

5 " 7

133

—

52
12

Caswell |59

103

Person j50

658

482

Granville 137

707

526

:38

754
3138
8017
1010

11
It
It
II

84
184

348
2096
3586

270

5 4

234

334
1010

1594
502

367!
1

89
~3

Rowan 63

682

269

Davidson 87

659

113

375

169

561

ir3

"
Tl7
65

314

142

L il

3012

784

1460
410

668

125

Lincoln 70

113

1578

138

712

lU
1

Rutherford i76

564
940

75
It

230
320

60
• 98

602

305

130

0 j 5

4468

271

1403

1078

260

•

Mecklenburg '68

750

241

439

6.9

673

255

284

Cabarrus 62

768

235

210

Montgomery 6,0

564

286

153

61
Volunteers 1

^29
126

155

465

319

196
30

120

47
81
"7

1 6

353B

1374
"4^

1312

120
505

—

11018

3686

~ Buncombe 82

634

300

'83

623

, 244

Yancy i84

502

336

Haywood 86

492

200

Macon 90

847
3098
1476

14
94
44

410

1490

285

218

L9 5

40
6

•

Burk 179

410

271

181

542

168

Yancy 19^

> 350

177

1 b

Iredell
II

780
423

980
254

208
29

52' i 81

2151

375

—

3981

7079

._!!

175

3641

593

147

New Hanover

575

427

Brunswick

488

325

Onslow

649

471

Duplin

797

16 703

4
25

2509
292

— -

171
5

105

1926
149

42
6

Jones

Lenoir

288

149

Wayne

843

396

Johnson

724

287

— — —

981

13
36

2147

—

4656

—

196

193

290;
503

126

78
8

Ecigcombe

657

502

337

120

Martin

593

419

Halifax

14
15

390
514

290

8
7

Northampton

977

685

105

3633

— ~

91
5

2234

405

54
9

Nash

685

513

Warren

580

343

Wake

743

321

794

124

394

Franklin

653

414

405

—

— —

101

3455

" —

124

504

1713

7088
437

516

3947

Carteret

400

Craven

1690

154

194

200:

Pitt

983

650

100

Greene

364

188

2874

208

1432

385

Washington,

324

213

Beaufort,

645

12 420|

Hyde,

12)

997

Ui\

100

Tyrrel,

57
58
67
91
65
66

72
73
74
75

555

2521

6395

639
740
669
606
532
748
771

4705

941

736

725

. 789

536

8
9

Guilford,

Rochingiiam,
t(

Stokes,
t(

Volant's, 2d Rgt

Ashe,

Surry,
((

)Vilkes,

5
13

3727

8422

■ : ^

Total.

62256

21;

212
104

104
316

552

141

349

104

280

424

27
150
. 4

214

206
^93
'49
113
277
322
207

1467

663
220
256
557
385

638
3329

1981

3310

14666

455

1212

165

2644

540

295

187

247

235

145

189
1329

280

151

120

463

110

743

110

113

23713

2653

775

■ "

—

S^CAPITUI.ATIOIV

Of returns of Infantry, Riflemen, Artillery, and Cavalry.

I,-
jnfantry, - - - -

Rifiemen, - -

Artillery, Volunteers, lltb Brigade,

Cavalry, - - ' - ■ -

->., ■ Ik"

62,256

552
81

827

63^716

CAVALRY.

-C

(Li

Hog

Arms and Accou-

Public 1

O TS
*-» o

CO .

1 ■

Total Cf>mmission(
non commissioned
ficers, musicians, a

Privates.

tvpments.

A rms

■a
1-1

■/J

03 CI.

s
CQ

Horsemen's Pis-
tols.

1 ,

^ 44

2 '

'12

158

■ 80

200

- 8

i21

121

6 !

244

163

167

' 4

265 ■

827

363

448

286

(C.)

ARMS Belonijing to the State in the Public Arsenals, and in the hands of the

MILITIA.

^-
O

.2 c

OT >

a
o

ot"
a

o
o
tl

"S
-^

3310

s
o
o

Ordinance.

Places of Location.

6 Pounders.

Arsenal at Raleigh,

Diito at Fayette ville,
In hands ot the Militia,

3414
1608
3725

1580
205

517

335

191

1504
5O5

4, and carriages.

Total.

8847

1785

517

335

374

3310

1709

4, and carriages

(DO

DEIiIIVQlJEI\T OFFICERS.

In Returns to the Adjutant General :

Bragadier General of the 6lh Brigade,

17th "
Colonels, 94th, 43d, 81st, 39th, 35th, 27th, 72d,
In Returns to the Major Generals :

Brigadier General of the 18th Brigade,
14th "
" 6th "

•' 19th "

In Returns to the Brigadier Generals :

Colonels 4.0th, 15th, 17th, 72d, 73d,
In Reviews :

Brigadier General of the 19th Brigade,

(B.)

Roster of Creneral Officers.

8»2

D3^

i ■ ■■ • r- ! ■ ■ ' ■ '

-J Su

(p'<'

Major General Duncan McDonald,

27th December

1820

J»mes McKay,

21st

1822

John J. Pasteur,

15th

1828

M. T. Hawkins,

15th

1828

Thomas G. Polk,

27th

1829

R C. Cotton,

27th

1833

Philip Irion,

9th •'

1834

• 1

David Newland,

4th '•

1834

6
14

Brig, Gen

Alfred Dockery,

10th

1827

Louis D. Wilson,

27th "

1827

H. W. Ayer,

29th

1827

Joseph Arrington,

30th

1830

William Allen,

1st January,

1831

Alney Burgin,

1831

Joseph Winston,

15th December,

1831

James Cooke,

16th

1833

William Horton,

16th

1833

•1

Edward Bryan,

20th

1833

H. G. Spruill,

26th

1833

John Pipkin,

Benjamin Brittain,

Wyatt Moye,

3d January,

1833

Thomas Graves,

Joseph Allison,

J. N. McPherson,

Vacant,

Alexander McRae,

[HOUSE OF COMMONS, No. 13.]

Legislature of North Carolina — 1836.

REPORT

THE COMMITTEE

ri./r^jvcx2.

1836.

RALEIGH;
Thomas liorlng, Printer.

1836.

TREASURY DEPARTMENT, (

December \5th, 1836. ^

Sir : I have the honor herewith to transmit to you, to be laid before j
the General Assembly, such Bank statements as have been received at this De-j
partment, since the date of my annual Report.
I have the honor to be,

Very respectfully,

Your obedient servant,

S. F. PATTERSON
Hon. Wm. H. Haywood, Jb.

Speaker House of CommGns.

REPORT.

The Committee of Finance, to whom was referred the exhibits of the
several B -.nks of thjs State, rendered in compliance with the acts of As-
sembly, roq iring them to make at certain periods, a statement of their af-
fairs; have examined the communications from the respective Institutions,
and ascertained them to be in conformity with the several acts on the sub-
ject.

i Respectfully submitted.
] FREDERICK J. HILL,

Chairman Committee House of Commons.

— — ^J C-— "■

j The Committee of Finance, to whom was referred so much of the Go-
vernor's Message, as relates to the Revenue, and to the Revenue laws of
.the State, have directed me to make the accompanying

REPORT,

Your Committee find, from an examination of the reports submitted by
Ithe presertt Treasurer as well as his immediate predecessor in office, that
great and important defects exist in the revenue laws of the State. A table
lannexed to the report of the Treasurer in 1835, shews in his own lan-
iguasfe, the extraordinary fact, that the property listed for taxation in the
year 1815, was fifty three million five hundred and twenty one thousand
ifive hundred and thirteen dollars, ($53,521 ,513J while the agregate value
in 1833 was only forty two million, nine hundred and sixteen thousand six
hundred and thirty three dollars, ($42,916,633,) shewing a decrease in the
space of eighteen years, ot upwards of eteven million of dollars; when to
this fact is added, that from the year 1815, to the year 1833, there was en-
ttered and patented more than a million acres of vacant lands, which was
taken into the a^regate value of 1833, the difference in the valuation at the
iperiods referred to, will be greatly increased, and is well calculated to ex-
;cite in the public mind, surprise and astonishment. The defects of the sys-
tem is confined not only to the land tax, but extends to the manner of giv-
ing in the poll tax ; your committee are fully aware, that the present sys-
tem should be revised and amended ; and owing to the magnitude of the
task, as well as the importance of the subject, they respectfully recommend
that the subject should be referred to a joint select committee, of two on
the part of each House, with instructions to report a Bill, and ask for them-
selves to be discharged from the further consideration of the reference.

Respectfullv submitted,

'IWOMAS G. POLK, Chairman

State of the " Bank of the State of North Carolina" November 26, 1836.

Bills and Notes discounted,
Suspended Debt,

Bills of Exchange,

Real Estate,
Pension Office,

Due from Banks.
Philadelphia Bank,
Bank United States, Philadelphia,
Bk. Metropolis, Washington City,
Fulton Bank, New York,
Bank of Virginia, Petersburg,
do do Norfolk,

Farmers' Bank, do

Merchants' Bank, Baltimore,

Bank Notes in hand.
Bank United States and Branches,
Virginia Bank Notes,
North Carolina, do.

Specie.
Silver,

Gold. (Coin)
Cents, - -

Vouchers unadjusted,

Bills and Checks in Transitu,

*0f this item, " Bills and Notes
discounted," there is due,
By Directors,
" Stockholders, not Directors,
" Other Individuals,

Dolls. Cts.
3,098,431 57*
41,913 33

75,310 12
5,128 27

Dolls. Cts.

3,140,344 90
848,501 33

1 30

340 97
ir?\8 61
1,721 68

80,438 39

389 32

62 48

11,880
16,860
47,221

422,544 95

324,858 94

246 52

62,494 36

114,691 54

2,963,159 00

Dolls. Cts.

3,988,846 23
34,346 98

182 68

84,672 75

75,961 00

747,650 41

4,500 00

54,516 68

.990,676 73

$3,140,344 90

State of the Bank of the State" ••Continued,

Dolls. Cts.

DolJs. Cts.

Doiis. Cts.

' Capital Stock,

1,500,000 00

General profit and loss,

152,471 18

: Treasurer of the United States,

676.925 50

Treasurer of United States for Posi

3,410 61

1 Office Department,

Pension Office.

Invalid Pensioners,

14,113 49

Revolutionary, do.

ll,2l6^ 64

Pensioners under act 1828,

1,743 34

do " 1832,

11,980 87

do " 1836,

8,000 00

47,054 24
25,643 68

Public Treasurer of N. Carolina,

Dividends unpaid,

3,183 00

■ Due to Banks.

State Bank of North Carolina,

31,782 73

Bank of Newbern,

16,189 81

Farmers' Bank, Petersburg,

21,271 13

Merchants' Bank, New York,

47,605 86

Mechanic's Bank, do

619 05

Dry Dock, do

989 58

planters' and Mechanics' Charles

•

ton,

357 81

Bank of Cape Fear, Wilmington,

2,205 00

Do Fayetteville,

54,574 63

Do Washington,

5.123 81

^fe 1,903 44
3,911 46

Agency Bank U. S. Fayetteville,

South Bank, Boston,

2 00

184,632 87

Notes in Circulation.

Issued at Raleigh,

1,166,325 00

" Newbern,

244,850 00

" Tarborough,

205,655 00

" Fayetteville,

253,530 00

" Wilmington,

190,900 00

" Elizabeth City, -

19,665 00

2,080,925 00
316,430 65

Individual Deposites,

$4,990,676 73

CHARLES DEWEY, Cashier.

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[HOUSE OF COMMONS, No. ta.^.

IPORTSk

T IE BOARD

oi-

Ititcrual Improvements « Cape-Fear IVaTi^atiokl Coinpan^^

AND

TRUSTEE^ OF THE Ui\IVERSITt'.

1837.

RALEIGH:
TliLOihas Xjoring, Printer.

1837.

To the General Assunbly of the State of North Carolina :
Gentlemen :

I herewith send the Report of the Board of Internal Improvement.

RICHARD D. SPAIGHT.
Executive Department, Dec. 30, 1836

REPORT
OF THE BOARB of H^TERi^AIi I]?IPROV£]lf£iW.

000^^v^0«^^000- — — '

The Board of Internal Improvement respectfully submit the following

EBPOUT,

The Board having engaged in no work during the year, no person has beeri
[appointed under the provisions of the act of the last session, to fill the vacancy in the

There being but two reports made to the Board, viz : From the Roanoke and
board.

Cape Fear Navigation Companies, the present situation of all the works are un-
known, only so far as the Repoits mentioned, give information. These reports are
■herewith sent.

It appears that the Treasurer of the Cape Fear Navigation Company, has re-
;ainedfrom the dividends due the State upon its stock, the sum of one thousand three
hundred and seventy-five dollars and fifty-three cents, upon the ground, that the State
lias not paid for the stock subscribed under the act of 1823, by that amount. The
jct of 1823, authorized a subscription to the stock of that Company, in behalf of the
state, to the amount of t-venty-five thousand dollars, upon certain conditions :^~one
)t which was, that the work should be placed under the superintendence of the State.
[t appears from the books of the Board, that the subscription of the State has been
ully paid. It is stated by the company, that part of payment was in the expenses of
tuperintending the work by the agents of the State, and ought not to be charged to
he company. On behalf of the State, it is urged that the expenses of superintending
s a fair charge. Had the State paid the money to the company, and lefl thesuperin-
endence entirely to it, then the expenses would have been paid from that subscription ;
imd it is immaterial whether the payment of the expenses is made by the State or
he Company, if it is to be made out of the State's money. The company, by
!;greeing to place the work under the superintendence of the State, acquiesced in sl-
owing those charges to be considered as a payment for the Stock by the State.

RICHARD
S. F

Dec. 30, 1836.

PATTERSON \ ^'^^^^ ^^ Internal Improvement.

EXECUTIVE DEPARTMENT, >
December 31s/, 1836. \
To, th^ General Ss^sevihly of the State of North Carolina :

Gbntlemen : I herewith send the Report of Charles Manly, Esq. Treasurer
of the Board of Trustees of the University of North Carolina, and the resignation
^f P. W. Kittrell, as a Trustee thereof.

RICHARD D. SPAIGHT.

Raleigh, North Carolina, 2fst Nov. 1836.
To ihe President and Board of Trustees of the University of North Carolina :

Gentlemen : I have the honor to inform you, tha.t the receipts at the Treas
ury of the University, within the past yes^r, embracing a period from t^ie 20th Nov
1835, to the 20th Nov. 1836|, amount to - - ' $32,610 9'

Which sum being added to - - - 77,233 9C

(The balance in the Treasury unexpended o,n the last annual statement,

viz: on the 20th November, 1835,) forms an aggregate of $109,844 9^

fhat the disbursements within the same period, amount to $108,965 9^

Leaving a balance in the Treasury, at the close of the past year, viz :

20th November, 1836, of - - - . 879 0

■VVhiph is deposited in the Bank of the State of N. Carolina, at I^aleigh.

The receipts at the Treasury as aforesaid, consist of the following items :
1st. Old balance as aforesaid, - - $77,238 9

2d. Cash received of Samuel Pickins, Agent, on account of sales

of Western Lands, - • 621 Oj

3d. Cash received of the Executor of Col. William Polk, 300 0

4th. Cash received of Dr. James Webb, - - 30 0

5th. Nett proceeds of Gov. Spaight's note at Bank, - 29,324

6th. Cash received of Public Treasurer for interest, &c. - 1,794

7th. Cash received of William F. Collins, Esq. - - 25

8th. Cash received of Angus Taylor, ... 257

9th. Cash received of Anson Baily, - - - 258

$109,844

The various items of disbursements and receipts, are fully exhibited in the a
count current and vouchers, which acco.mpany this report, and which are submitt
^s part thereof.

By a Resolution of the Executive committee, adopted on the 5th of Janua
last, 1 was empowered and directed, as the Treasurer of the Board, to take $100,0
of the loan authorized by an act of the last session of the General Assembly of tl
State, at the average price at which the agent of the State might contract for t
residue of seid State loan ; and I was, by said resolution, authorized to borrow mon'
to make up such deficiency in the funds of the Treasury, as might be required
effect said loan. The sum of $29,324 Z,l( was borrowed of the Bank of the Sta»
which, with cash at that time on hand, ena.bled me to execute the order of the Col
mittee; and on the 23d March last, I paid into the Public Treasury, the sum
^100,000; and received from Samuel F. Patterson, Esq. Public Treasurer, onehii
dred Ijonds of one hundred dollars each, payable to the Trustees of the Univers
of North Carolina, ?ind executed according to the form required by the Statute

ready Teferred to. Thirty of these bonds, frqm No. 1 , to No, 30 inclusive, are
pledged to the Bank of the State as collateral security for the money borrowed; the
rpmaining seventy are sealed up in a packet; and by the courtesy of Duncan Came-
tfin, Esq. the President of the Bank, placed in the vault of said Bank, as a special
leposite for safe keeping.

From statements furnished by the Bursar at Chapel Hill, it appears that the
sum received from the Students for^tuition and house rent, for the two sessions of 1836,
imount to $4,380 ; which sum has been collected and paid out by said Bursar, among
the Faculty of the University, in part payment of their salaries.
Al| which is respectfully submitted,

CHARLES MANLY.

Treasurer University North Carolina.

TO THE BOARD OF INTERNAL IMPROVEMENTS

Gentlemen : I herewith transmit to you the annual Report of the President and
Directors, to the Stockholders of the Roanoke Navigation Company, with accompa
nying documents.

I am very respectfully,

Your obedient servant,

A. JOYNER.
Raleigh, Nov. 24, 1836.

The President and Directors of the Roanoke Navigation Company, respectful-
ly submit the following Report, to the Stockholders in general meeting asssembled:

REPORT.

The whole available means of the company were, by an order of the board ol
Directors, at its last Spring session, directed to the improvement of the sluices, com-
mencing at the head of the canal, and proceeding upward ; and placed under the
cor:tract and direction of our worthy superintendant, Col. Andrew Joyner; to whose
Report, with the accompanying documents, we beg leave to refer this meeting for full
information on the several subjects therein embraced. Owing to the total failure ol
the wheat crop, the post season — the downward freights usually afforded by flour,
have been wanting to keep up a constant intercourse with those points on the Roan
oke, Dan, and Stanton River-s, which have heretofore, for several years, been chiefly
supplied with heavy articles of merchandize through our canal; and, consequently
the lolls on upward bound boats, have been greatly diminished. It is unpleasant to
this board, to be obliged to renew to the Stockholders, who have so long suffered tht
pain 'if "hope deft^rrt^d," the oft reported declaration of their belief in the ultimate
advance in the value of their stock. They do, however, still anticipate a day wher
it will be held in high estimation ; and exhort its present owners to bear, yet a
liule longer ^vlth the meager dividends it is affording; whilst we are, by no means,
disposed to make invidious comparisons, we cannot forbear to call your attention tc
the opinion expressed by some intimately conversant with the subject, that for bulky
and heavy ar'icles, no other can compete with water transportation. It should, too
be borne in mind, that most of the Rail Roads now being constructed in our vicinity
are to be reared as auxiliaries, and not as rivals to our improvements.

In regard to the future operations of the company, we deem it only necessary tc
suirgesi, on this occasion, that the improvement of the sluices on the Roanoke and its
tributaries, intended to have been effected the past summer and fall ; and which waJ
prevented by the high water prevailing throughout the season, should be entered up
on, and prosecuted with all possible despatch the ensuing summer.

The reports of our toll-gatherer and Treasurer, exhibiting detailed statements o
the receipts and expenditure's of the company for the past fiscal year, are herewitl
submitted, and show a fund of $6,368 34, which will afford a dividend of I5 pei
cent, on the present amount of stock, and leave a surplus of 8383 34 in the hands 0,
the Treasurer,

SAMUEL PANNILL, President
Weldon, Nov. 14, 1886-

REPORT

ll!o the President and Directors of the Roanoke Navigation*

tt BY A. JOY>iER, SUPERINTENDENT.

f A Resolution of the Board, adopted at their meeting in April last, directed that
the hands of the company, as soon as the water in Roanoke rivt-r was sufficiently re-
duced, should be employed during the summer and fall, in improving the sluice navi-
gation thereof, commencing at the entrance ©f the canal, and regularly progressing
upward; In fulfilling the object of the resolution, but little has been effected, owing
to continued high water during the whole of the summer, and a portion of the fall.
iRepeated and dear bought experience has fully proven, that work of this kind can
•be successfully prosecuted only during seasons of low summer water in tlie river ;
and that to attempt it at other times, is a wasteful and almost useless expenditure of
labor and money. The hands of the company were, therefore, continued at Weldon
during the greater part of the year, on the embankment constructing between the
'river and the canal, and in the service of the Weldon toll-bridge company; except
'about about one-third of them, (being good boatmen) who found more profitable em-
Iployment with the contractors of the bridge company. For their labor, ihe follow-
ing sums have already been received:

From the Weldon TollBridge Company, $692 50

Bull and Parson's, - - 247 50

' ^ Welton, Davis, and Company, • - 500 00

$1,440 00
And there is due from the Portsmouth and Roanoke Rail Road Company, for
j'ork on the embankment, - - - $1,230 37^

Welton and Davis' estimated amount, - - 350 00

Squiggins and Appersodj - - - 60 00

$1,640 371
The hands were thus employed, subject to occasional interruptions in making
necessary repairs on the canal, until the month of July. In June, information
received from Dr. Broadnnx, oneof the Directorsof the Company, that the high
rhet in Dan river, which had just occurred, bad made a considerable breach in
embankment of the Danville canal; and that he saw no prospect of hiring la-
'i|J)rers in that part of the country, to repair the damage. Under his suggestion, the
*werseer and hands of the company were sent to Danville, as soon as the injury done
', othe Roanoke canal by a similar cause, could be repaired; and I am informed the
Wrks of the company at that place, are now in good condition.

This work being accomplished, the overseer and hands returned, and were em-
iloyed several weeks on the Roaneke canal. The embankment of the canal, com-
aencing at the stone locks, and extending about half a mile down the river, is con-
lucted along the margin of a marsh. This embankment, upon recent examination,
7as found to be from twelve to eighteen inches lower than the general elevation of
le bank of the canal, owing, no doubt, principally, to the gradual settling of the bank
sstingona soft foundation. During seasons of long continued and heavy rains, this de-
ressed portion of the embankment, has been repeatedly overflowed ; and three breaches.

from this cduse, have occurred in the present year. The necessity of speedily rai
ing this embankment, was too obvious to be overlooked or longer delayed. In
mediately after their return from Danville, the hands were employed in this worl
which has been completed so as to induce a reasonable belief, that it is secure fror
further danger. Four large gates, too, have been made for the stone locks ; and a
the gates are now in good order.

As already remarked, but little has been done towards bettering the sluice nav
gation ot the river ; and thdt little confined to Hamlin's shoals, and the navigatio
thereof At this place, a new sluice has been opened by blowing rocks, and buil<
ing walls, which has removed a vexatious source of difficulty and danger at th'

Eoint. This new work and some small repairs to the old works, comprize all thi
as been effected on the river. Our hands are now at work, and have been, for tk
last three weeks, in the service of Welton, Davis &Co.

A resolution of the board passed on the 21st April last, authorised the superii
tendant of the company, to employ a competent engineer to make a survey of Roanol
Hver, from Rock Landing to Clarksvi'le, and to report upon the practicability of m
icing the present sluice navigation between those points susceptible of steam boatna
igation, within the reasonable means of the company. Under the recommendation
Edward B. Hicks Esquire, a member of [he board, and other competent gentleme
Mr. Thomas Blanchard of New York, was engaged to perform this service. It w
tJXpIained to Mr. Blanchard in a written communication, that the object of thesurvt
which he was employed to make, was to ascertain the practicability of so improvir
the present batteau navigation; between Rock Landing and Clarksville, as to rend
the same susceptible of advantageous and profitable steamboat navigation. Aft
having made such survey, and ascertained the object in view attainable, he w;
requested to suggest the width to which the sluices must be opened, the depth of w
ter to be maintained therein, and the description of boats best adapted to the charact
of the navigation. He was also informed, it waS desirable for him to make sugg
tions as to the best mode of improving the sluices and shoals, so as more suitably
adapt them, to the description of boats he might recommend, and to furnish an es
mate of the expense, which such improvement might probably occasion. A boat h
ving been fitted up for his use, and the necessary hands furnished him, Mr Bla
chard made the contemplated examination of the river in August last, and his rep(
thereon, marked A, is herewith submitted.

At their meeting in April last, the board expressed the wish that diiring t
Summer I should visit the State of Connecticut, and examine that portion of Conn<
ticut river where it was represented, steamboat navigation had been successfully '
iablished through the falls thereof — to ascertain whether the difficulties overcome the
bear any close resemblance to the obstruction in Roanoke river, between Rock Lar
ing and Clarksville, and to endeavor to form some satisfactory opinion as to the pi
bability of successfully establishing similar steamboat navigation between those poini
Being unable from the nature of my engagements, to cortiply with the wishes of tj
board in this respect, which I much regretted, Edward B. Hicks, Esquire, kini
undertook to perform this service for the company. His able and interesting repj
iaffording all the information attainable, is heremith submitted marked B.

By another resolution of the board, passed at their April meeting, I was iniStrl
ted to ascertain upon what terms the company could purchase from the proprietor c
acreof land at the town of Gaston, for the purpose of having placed thereon, a hot
&c., for the use of their collector of tolls, at that place. Mr. Wilking's reply to i
application I made to him, in pursuaiice of that resolution, accompanies this rep
marked G.

Weldon Nov. 10th, 1836.

t/^meport of A. Joyner, Treasurer, to the Fresident and, Directors of the Roanole Navis;atwn Company.

'he balance remaining in the hands of" the Treasurer at the last Sft e-
ment on 9th November, 1835, amounted to
Since which period the following suit>s have been received :

[Rec'd. of Beverly Syunor, tor hire of negroes $14 00

" Weldo'n To!! Bridge Company do 69^. 5.

" Bull and Parsons for hire of do 247 ri;

" Weldon Davis &Co . do 500 00

lec'd. for Dividend declared 15th Jan. 1336, on 15 shares of stock

in Farmers Bank of Virginia
Lec'd forsalesof 15 shares of stock in Farmers Bank of Virg. S1695 0
)educt Joseph Marx & Sons' commission for selling 7 50

Rlefunded by Samuel Pannill, balance due on settlement

f *' " Hardy T. Jackson, for 25 bis. corn purchased of him bu

\ not delivered, ...

Rec'd of Joyner & Smith, for water rents,

Balance of David Shelton's bond,

Interest due on Shelton's bond,

Rec'd of Gordon Coleman, for his portion of expenses in removing ob
structions on Banister River- - -

Collected from stockholders.

Interest from do - - -

Tolls collected on Roanoke canal from 31st October, 1835, to 1st Novem
ber 1836, - - - $6,387 SC

Deduct Thomas T. Wiatt's commission for collecting tolls,

319 36

And that since the period aforesaid the following disbursements hav

been made :
iFor outstanding debts at last general hieetmg, and expenses in-
\ curred since that lime, - - $3,767 2S

tiPayments made to Stockholders on account of dividends 7,246 00

IBalance in hands of Treasurer,

r , Weldon, Nov. 9, 1836.

fBy the foregoing statement it will be perceived that the nett amount of
tolls collected in the last fiscal year is
he water rents have amounted to

iAnd the balance remaining to the credit of the dividend fund af-
ter declaring the 4th dividend, amounted to

•Which constitute the present dividend fund. A dividend of I5 per cent
ibn $399,000, the amount of stock owned in the company, after deducting
1^3,000, purchased and held by the company, from delinquent and insol-
vent stockholders, will amount to $5,985, and will leave a surplus re-
aaioing to the credit of the dividend fund of $383 34.

(^.-.Ms. Cts.
9,001 76

1,484 00
60 00

1687 50
7 02

43 75

275 00

94 90

36 7i

23 12
4 00
1 64

6068 00
19,387 40

11,013 28
8,374 12

6,068 00
275 00

25 34

56,368 34

REPORT,

Of the Agent of the Cape Fear Navigation Company, to tht
Board of Internal Improvements.

I herewith forward a general statement of amount of the Company as balancec
pt the last annual meeting, and for a more particular explanation I refer to former re
ports.

There was expended on the river between Fayetteville and Wilmington, in re
moving logs and other obstructions, during the past year, the sum of $1,525 90, be
ing part of the tolls received.

The tolls received during the year ending 1st May last, amounted to the sur
of $4,726 08 gross, and the articles transported on the river as follows, viz:

DOWN. UP.

13,292 Bales Co-ton. 43,944 Bushels Salt,

2,088 Barrels Flour,- 2,161 Hogsheads «fe Pipes,

429 H-^s-sheads Tobacco, 4,196 Barrels,

114 Barrt'ls Spirits, 435 Tierces,

3,445 Bushels Grain, 351 Tons Bar Iron,

1,773 Casks Flax S^ed, 1,132 Casks Lime,

$ 562 80 freight on articles not enume- $16,905 25, freight on articles not eftii

lat^d; toll 10 per cent. merated; toll 10 per cent.

Toll $1,698 24. Toll 3,027 84,

1,698 24

Making $4,726 08

There are no debts against the company, except for dividends unclaimed, whic
amounted at the annua! meeting, 3d June last, to $4,986 89,

The company declared dunng the year, two semi-annual dividends, of $1 pe
share, payable on 1st March and 1st September.

JNothing more done on the river above Fayetteville the past year.

Respectfully submitted

GEORGE M'NEIL, Agent.

f. Condition of the Roanoke Navigation Company, on the \Uh November, 1836,

Capital subscribed by individuals,

" " " State of Virginia, -

" " State of North-Carolina,

Aggregate of requisitions made on stockholders, -
Amount paid by stockholders, ...
Amount due from stockholders, . . -

RESOURCES OF THE CeMPANV.

Balance due from stockholders as above, -

Cash in hands of Treasurer,

Debts due to the Company, other than for stock, -

Thirty-four negroes estimated to be worth

ptherproperty consisting of mules, oxen, carts, boats, &?.

LIABILITIES OF THE COMPANY.

Debts due by the company,

Dae to stockholders on account of 1, 2, 3 & 4 dividends.

Dividend fund, . - - - .

Amount of dividends paid stockholders since last report,
Expended in the work from its commencement, and in
tke purchase of negroes and other property,

A. JOYNER, Treasurer.

Dolls CentsU

282,000

80,000

50,000 00

398,830

13,169

8,374

1,640

17,000

1,000

550

5,540

6,368

Dolls Cents.

412,000 00
412,000 00

412,000 00

41,183 77

12,458 84
7,246 00

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w«:o«iiyiiOMmc»c»oo

IHOUSE OF COMMONS-No. 15]
REPOKT

THE COJflJfilTTEE

TWENTY-SIX,

THB S URMj VS he T^JEJl' UE.

..000-^©©-000

The Joint Select Committee of twenty-sijt, who were appointed to inquire into the
best investment of that portion of the Sufplup Revenue which will be received by
North Carolina, under the provisions of the deposite act of the last session of
Congress , and to whom were referred various propositions relative to such in-
vestment by both Houses of the General Assembly, have attentively considered

the same; and

REPORT,

That the thirteenth section of the act of Congress *' to tegulute the deposites of
the public money," declares, in substance, that such deposhes, in the Treasury of the
different States, shall be by way of loan, and not as absolute gifls. This provision,
your committee believe, should not be wholly overlooked by the General Assembly, iu
any disposition it may make of that portion of the public Treasure which is allotted to
this State. They are persuaded, nevertheles, that it should be considered and treated
as a loan, of a most liberal character, which the State may never be required to re-
pay ; and which, it would be most unreasonable to suppose, will be demanded by
any exigency of the Federal Treasury for many years to come. Viewed in this as-
pect, it is a talent committed to the Legislature, for the proper use of which, its mem-
bers will justly be held accountable to their constituents and country ; unless, in their
hands, it shall be made productive of great and lasting benefits to the people.
How it can be most advantageously applied to the accomplishments of such ends, your
committee have experienced much difficulty in determining. The wisdom of states-
men in former times, and in other countries, has been exhibited in devising schemes
for raising the revenues actually necessary for the real or imaginary wants of Go-
vernment ; and so novel is the spectacle of a people, not only freed from debt, but
with an income vastly exceeding the necessities of Government, the excess of which
it is desired to invest for public benefit, that but little light on the subject of this reier-
ence, can be derived from the history of the past.

Among the numerous plans of investment referred to them, your committee first
considered the propositions of certain banking and canal companies in New York and
New Jersey, to borrow the fund due to this State, and are unanimous in the opinion,
that these propositions should not be accepted. The great advantage to the States,
which were contemplated by the passage of the deposite act, consisted not in the re-
ceipts of interest on the sums entrusted to them; but in the renewed life and vigor
^hich would be imparted to their industry and enterprize — their physical and men-

tal improvement, by adding so much to the active capital within their limits. Every
Thousand dollars of such deposites, if used as active capital, will furnish employ-
ment to one thousand dollars worth of industry in the country where it is used. That
encouragement should be given to the industry of the citizens of our .own State, in
preference to those of other States, so far as it can be done with the public funds, un-
der the control of the Legislature ; and that this maj'- be done even without a dimi-
nution of the annual profits on such funds, if invested abroad, your committee sup-
pose, can hardly admit of question. They take this occasion to remark, that in their
opinion, no one cause has militated so much against the prosperity of North Caroli-
na, as the drain upon her capital and productive labour, which has been in progress
for a series of years, and which has been much accelerated within a short time. To
say nothing of our contributions to the Federal Government ; but a pittance of which
has ever been expended within our limits; the large sums of money which are
periodically sent to the North to seek permanent en)ployment in stocks, merchandize,
citv property, and otherwise ; and to the South and South- West, to be laid out in
lands and slaves, have had a like disasterous effect upon her condition, though not to
the same ruinous extent with the absenteeism of the landed proprietors of Ireland, so
much complained of in that country. By a judicious use of the means now in our
hands, this course of impoverishment may, in some degree, be arrested ; and the ar-
dent and enterprizing of our own people, may find at home, a field for their zeal and
energy.

Another objection to such loans is, that the proposed borrowers are not under
the control of our Legislature, nor amenable to the jurisdiction of our courts.
Your committee believe that the boon conferred by the act of Congress, was poorly
worthy of our acceptance, if its only effect shall be ta make North Carolina's a su-
rety to the Federal Treasury for the Banks of other States, she receiving for such in-
surance, only the interest on the sum thus secured, while all the advantages of the
use of this vast treasure, are to be enjoyed by the citizens of other States.

Your Committee are also of opinion, that no portion of the public deposites
should be applied in aid of the ordinary revenues either for the support of the State
Government, or for county purposes. The ordinary taxes levied for these uses, are
far from being burthensome to the people; and by a proper adjustment of the valu-*
ation of taxable property, will yield a sum quite as great as ought to be desired. J:
should, moreover, be borne in mind, that those Governments have been distinguish-
ed by the greatest purity of administration, and have longest preserved the blessings
of liberty, in which the governing power, no matter how constituted, has been de^
pendent for its support, on annual pecuniary levies from the people. To exhaiist the
surplus revenue in maintaining the current expenses of Government, or to fritter it
away, by a division among the several counties, to replenish their treasuries, in the
manner proposed by a bill referred by the House of Commons, would be not merely
to compromit the dignity of the State, but to interrupt, for a time, only the regular op-
eration of the system of State taxation, and to disappoint the just expectations of our
constituents. Your committe, therefore, return said bill to the House, and recom-
meai its rejection.

/ Your committee have also been instructed to enquire into the propriety of de?

/Voting the fund in question, to the establishment of a new Bank, to be owned whol^

/iy by the State. A portion of them are confident in the belief, that the establishment

of such an institution, would contravene that provision of the Constitution of the

United States, which declares that "no State shall emit bills of credit;" and which

they are informed, has been judicially expounded, to extend to any paper medium

\ issued by a State, for the purposes of common circulation. Independently of the ar-

\guments against the expediency of such a Bank, which have been often urged in

\he discussions of this subject heretofore, your committee believe that no financial

i.kiil could successfully manage a Bank founded entirely on a borrowed capitaj,
dtmandable in certain proportions, at the pleasure of the lender; which mustregu-
kte its business according to the necessities of the Federal Government ; the fluc-
tuations of parly politics — the appropriations made by Congress ; and even the move-
ments of individuals of that body, from motives either partizan or patriotic.

The only remaining objects of appropriation, to which the attention of yourcommit-
teehas been called by thedirectionof the Legislature, are common schools and Internal
Improvements. These, your committee recognize as first in importance amon? all
the objects which now claim the patronage of the public ; and but for the fiduciary
character of the means in their posst^ssion, they would meet less difficulty in dedica-
ting the whole fund immediately and irrevocably to these purposes They, howev-
er, propose to devote it to them ; while, at the same time, it shall be so invested for
the present, as to be capable of recall without great inconvenience, should the State
be required to refund any part of the loan. They are aware that public opinion is
divided on the question, whether general education, or the improvement of the means
of transportation, should be first patronized. Some of your committee were inclin-
ed to the opinion, that the whole should be expended on Internal Improvements : in
the belief, that opening new avenues to wealth, which are accessible to all classes of
the community, would diffuse the means and the disposition for education to an ex-
tent almost equal to a direct appropriation for public schools — others on the contrary,
insist on claiming the whole as a school fund, as the only mode in which it can be
made to benefit equally the whole population. In deference to this conflict of opinion.j
your committee have been induced to recommencBthpt.iUilL.ffihQl£,shaie.Qf the_surJ
plus revenue, shall be devoted equally to popular ediication and Internal Improve-'
ments, that that part which is appropriated to education, shall be added to the " iund\
for common schools" now existing; and shall be invested Tor accumulation iq Bank
stock, by increasing the capital stock of the Bank of Cape Fear, to one million five
hundred thousand dollars; in which, there shall be subscribed, of the school fund
before mentioned, four hundred thousand dollars ; and by increasing the capital stock
©f the Bank of the State of North Carolina, to two millions of dollars; by a sub-
scription oflhe school fund aforesaid, for five thousand shares in said Bank Your
committee are fully sensible of the dangers to be apprehended from an excess of
Banking capital ; and have only consented to this mode of investment, because of a
general prevalence of the opinion, that our present capital is too small. They pro-
pose, however, to remedy the inconveniences of an excess, should one occur, by a
provision in the amended charters for the reduction of the capital stocks of both the
Banks, if it shall be found too great for the real demands of business. They also
believethat this disposition of the addition to the school fund, can be much more
economically and profitably made in the Banks already in existence and ii:j full op-
eration, than in one owned exclusively by the State ; not to mention the objections
already urged to an institution of the latter character. In all monied transactions,
your committee suggests, that experience has generally proved, that individuals hav-
ing an interest in the adventure, have realized greater profits than mere airents. The
proposed investments in Bank may be made without any expense to the school fund,
ejvcept its portion of the compensation paid to the officers of the Banks. The Presi-
dent and JDirectors of the Literary fund, by the act of the General Assembly of 1825,
^yill receive the dividends on the shares of that fund, and re-invest them for further in-
,crease.

The residue of the public deposites, (which is estimated at nine hundred thou-
sand, dollars,) your committee recommend to be added to the fund for Internal Im-
provements, and be placed under the control of the Board of Internal Improvements.
That they shall proceed to loan out the same upon the terms prescribed in the bill
herewith reported— that a preference shall be given in making such loans to compa-

nies engaged in constructing works for the Improvement ot the meana of internal
transportation ; but that no company shall be allowed to borrow to an amount greater
than one half of its capital stock actually subscribed by solvent subscribers; and that
satisfactory security, either real ol" pergonal, to be judged of by the said Board, shall,
in all cases, be given by the borrowers. The President and Ehreclors of the Board
of Internal Improvements, are directed, whenever interest shall be received thereon,
lo make new loans, so as to keep the fund in a course of active accumulation. The
President and Directors of the Board of Internal Improvements, have a corporate ex-
istence by the act of the General Assembly of 1819, and consist of the Governor,
Treasurer, and an agent of public works, appointed by the Legislaturej no one of
whom receives any compensation for this service, except the last ; who is entitled to
pay for the time actually spent by hirri in public employment.

Your committee believe that it will be in the power of the Board greatly to fa-
cilitate works of Internal Improvement, by the adoption of the plari proposed ; while,
at the same time, the fund of the State will accumulate for future use. The reg-
ular business of banking, requires such speedy returns of their loans, that neither
Kail Road, Canal, nor Manufacturing Companies, can obtaih from them, the accom-
modations necessary for constructing their works. Whereas, the disposition of the
fund for Internal Improvements herein recommended, by affording longer time for
payment, than is allowed by legitimate Banking operations, will give to them all
due encouragement. Your committee have deemed it advisable that this whole
fund should be placed under the control of the Board of Internal Improvements,
rather than that the loans should be made by the Legislature, for the reason that but
few corporations for purposes of Internal improvement are, as yet, in operation in
this State; and they desire that the accommodations which may be furnished by the
Bill before mentioned, shall be extended, whenever its terms are complied with. As
the corporations which may be chartered at this session, will not be organized ; and
their characters for solvency will be, of course, unknown until after the adjourn-
ment, ti is deemed to be inexpedient for the General Assembly to designate those to
which aid shall be given, or how far it shall extend.

Your committee know full well, that many of our constituents had expected
bolder measures on the subject of Internal Improvement, or of public education; or
of both, than they have recommended— that fond hopes have been cherished by pa-
triots in every quarter — that the State would immediately be blessed with the full
fruition of those advantages for which they may now suppose that but a tardy prep-
aration is about to be made. When, however, it is recollected, that much, as the sub-
ject has been agitated, even at this day, public opinion has not settled down on any
great work of Internal Improvement, to which the public treasure should first be
devoted — that no plan of common schools has yet been devised, which is capable of
practical execution in every part of the State ; when, moreover, it is remembered,
that it is as yet uncertain whether the policy of distributing the excess of the Federal
Revenue among the States, will be repeated; and if continued, whether it will be, by
way of loan, or in absolute property. Your committee presume, that the present
Legislature will, in some degree, deserve the gratitude of their country, if they shall
50 appropriate the fund confided to her, as to deepen and widen those foundations oa-
which others may erect the superstructure of her happiness and prosperity. Tc
carry into effect the plans herein proposed, they present the Bills marked No. 1, 2, 3^
and recommend that they be passed into laws.
Respectfully submitted,

WILLIAM A. GRAHAM, Chairman Pro Tem

January 2, 1837.

(HOUSE OF COMMONS, No. 19.)

Resolutions

And Statistics relating to the Surplus Revenue and other funds of the State.

I. Resolved, That the surplus money of the United States, to be deiosited with Niirth Ca-

2 rolina, ought not to be kept useless and profitless, but that the same shall be invested in such man-

3 ner as to secure the capital, and also to advance the great interests of this State.

II. Resolved, That the moneys in the State Treasury, and all the stocks belonging to this State, and

2 debts owing to this State (except the bonds lor Cherokee Lands, not paid) shall be restored to the Pub.

3 lie Treasury, notwithstanding they may have been heretofore allotted to the Board of Internal Ini-

4 pr vement or the Literary fund, and that these, together with the surplus money of the United States

5 aforesaid, shall constitute a common fund, to be regulated and disposed of as follows, to wit:

1st, The State debt of 400,001) dollars, shall be purciiaseu in, and such provisions made hy-law-as—

2 will slop the interest; and prohibit the re-issue of the scrip, except it shall be made necessary on a de-

3 mand by the General Government, for repayment of the surplus money, deposited in North Carolina.

2d. The Literary Fund shall consist of the swamp lands of this Stale, not heretofore entered by in-
2 dividuals, and also the following stocks, to wit

6,000 shares of the stock in State Bank, • (cost) |600,000

2,122 shares of stock in Bank of Cape Fear, (Do) 212,i00

$81i!,200
Cash to be immediately invested in Bank Stock, 187,800

Making $1,000,000

Which is to accumulate as heretofore, for the purposes of education.
2d. The Internal Improvement Fund shall consist of the Cherokee bonds not ret paid (as is now re-

2 quired by law,) the Cherokee Lands not sold, the debts owing to said board, as heretofore constituted,

3 or to the State for funds loaned from the Internal Improvement Fund, and nine hundred and twenty-

4 thousand dollars of money, now or hereafter to be received into the Treasury, until otherwise provi-

5 ded by law.

III. Resolved, That the President and Directors of the Literary Fund, shall be authorised to expend

2 not exceeding 200,000 dollai.^, ;■ 1 ' •'• > . . ■• v, ,,; |,;,,(j[ied the

3 board think it can be benetioialij i.'.i, - -,.,.ja i/.u, the said

5 sonsforthe purposes of surveying &,c. — to d'.nse a system of equitable assessment, on the lauds

6 belonging to individuals, whicli may be urai:.' 'i by thmr works, and to enforce the p.iyuient thereof

7 with proper restrictions, or to !:i!ablish ru'.._ by whiuli individuals may be illowed to aid in tlieir
S works when prosecuted, and be exempted from any assessment, and such otjicr constitutional powers
y as may he needful to ^i into exectllVan the great "improyemehfilefein contemplated, and also to sell

10 the lands which may be reclaimed. Bit the canal or canals that may be executed by them, shall in no

11 wise be sold to individuals. The boa;d however shall drain the lands, by contract with others at

12 specified prices, agreed on with contractors, who shall give bond and security, to perform the con-

13 tracts, under such restrictions and upon such conditions as may be prescribed.

IV. Resolved, That the Board of Internal Improvement oug'ht "to Ve ttJa'.sin.iied ; and that they be

2 authorised to subscribe two fifths of the capital stock of the Wilmington and Raleigh Rail Road, a^

3 soon as individuals (able to pay it) shall subscribe three fifths of the said capital stock, and that they

4 subscribe in like manner to the FayelteviUe and Western Rail Road, lor the construction thereof from

5 Fayetteville to the Yadkin River ; provided however, that the State will n it tai<e stock unless individu-

6 als shall subscribe three fifths of the whole amount of the capital, which competent Engineers shall

7 report to be necessary, to complete the Road. Twenty-five per cent, or more, on the shares of

8 individuals, shall be actually paid in, before the State shall be called on to pay anything on her sub-

9 scription, so as to prevent any imposition on the State by individual stockholders' first expending the

10 money of the piiJWc and then failing to pay their own subscriptions, or to enforce collection from

11 delinquents.

V. Resolved, That the interest and dividends accruing on the Internal Improvement stocks shall be
2 appropriated to the fund for

Resolved, That the foregoing resolutions after (they are approved by the House) shall be referred to

2 a select Committee or Committees, with instructions to prepare bills lor carrying the same into full

3 effect, and said Committee or Committees have leave to sit during the session of this House.

STATEMENT OF FUNDS REFERRED TO IN FOREGOING RESOLUTIONS,

Stock in Slate Bank BOOO Shares, ...

Bank of Cape Fear 2122 Shares, ■ ■ . .

Cash (see Treasurer's Report,) • • . '.

Debt (money loaned to Tennessee River Turnpike Company.)

Stock in Buncombe Tuinpike Company,

Stock in Cape Fear Navigation Company,

Stock m Roanoke Navigation Company,
1959 Shares residue of stock in the Bank of Newbern, estimated at 6per'cent
'=•"■■''•■"'' ■• 8 per cent

3050 Shares do.
Surplu:

Money,

State Bank

SGno.ooo

212,200

38,600

2,700

5,000

32,000

30,000

11,754

24,400

1.911,700

For Literary fund,

do . . . .

To,lal 8 2,868,354
818,?a0 stock
187,800 cash to buy stock

For Redemption of State Defcl,

Leavss 8 1,868,3*4
.... 400,000

For Literary Fund to drain Snar

Leaves 8 1,268,354
np Lands, , , . 200,000

Leaves 8 1,268,354

Consisting of the following to wit ;

Surplus money,

Other cash, . . . .

Residue of old Bank Stocks,

1,123,900
38.600
36.154

Ntle, (Turnpike company,)
Navigation and Road Stocks, good for

2,700
67.000

If State subscribes 2-5 to Wilmington

R.adit uillbe
Do. Yadkin Road,

8 520 UOO
400,000

Consisting of the following viz ;

Navigation and Turnpike Stocks,

.Old Banks,

Natt and Inleresf. „___

Leaves (unappropriaieQ.j © :

67,000
36,154

., 2.700 _

Cash, ..... 38.600 "^ " ^"

Surplus, .... 203,900

$ 348,354

Should a call be made by the General Government for tlie Surp.'us, the Stale will have the following meanst*

answer that call.
Balance unaptiTojjrJ3jf4
Literary Fund,
Slocks in Rail Roads,
Lands of Cherokees,
State Scrip,

348,354
1,000,000

920,000

350.000 (8 150,000 les than the estimate made by a com-

400,000 raittee of this Assembly,)

Aggregate 8 3,018,354

If the Swamp Lands be added, it will
swell the sum beyond,

If) —

If ever called for, the fund will certainly not be demanded in 6 years; in that time the I^iterary fund at 7 per
cent, (interest le-invesled) will increase 8 501,500. This will make the aggregate means of the State

3,018,354
501,500

Aggregate $3,519,854 besides the Swamp Lands.

No account is taten of bonds foi Cherokee Lands in ihe ioregoing

(SENATE— No. 5.)

TREATY

THE UNITED STATES OF AMERICA

AND THE

OHIEFS, HEAD MEN, AND PEOPLE ,

OP THE

CntlROiLl^l^ TUlltia or X^UliL^iR,

-J®—

CONCLUDED DECEMBER 29. 1835, WITH SUPPLEMENTART
ARTICLES, DATED MARCH 1. 1836.
RATIFIED MAY 23. 1836

ANDREW JACKSON.

PRESIDENT OF THE UNITED STATES OP AMERICA,

7o all and singular to whom these presents shall eome^

Oreetiu§^:

Whereas a Treaty was concluded at New Echota, in the State of Georgia, on
the twenty-nintii day of December eighteen hundred andthirty-five, by Gen.
William Carroll, and John F. Schermerhorn, commissioners an the part of
4he United States ; and the chiefs, head men, and people, of the Cherokee
;tribe of Indians. And whbreas certain articles supplementary tethe said
Treaty were agreed upon between John F. Schermerhorn, commissioner orj,
.the part of the United States, and a delegation of the Cherokee people, on
the first day of March, one thousand eight hundred and thirty-six. Which
treaty and supplementary articles are in the words following, to wit:
; Article of treat]/ co7iclu,ded at Neio Echota in the State of Georgia on the %^th
day oj December, 1835, by General Williarn Cairoll and John F. SchermeT'
horn commissioners on the part, of the United States and the Chiefs, Head Men
and People of the Cherokee tribe of Indians.
Whereas the Cherokees are anxious to make some arrangements with the Gov-
ernment of the United States whereby the difficulties they have experienced by
a residence within the settled parts of the United States undei the jurisdiction and
laws of the State Governments may be terminated and adjusted; and with a view
to re-uniting their people in one body and securing a permanent home for them-
selves and their posterity in the country selected by their forefathers without the
territorial limits of the State sovereignties ; and whore they can establish and en-
joy a Government of their choice, and perpetuate such a state of society as may
be most consonant v/ith their views, habits and condition ; and as may tend to iheir
individual comfort and their advancement in civilization.

And whereas a delegation of the Cherokee nation composed of Messrs, Joha
Ross, Richard Taylor, Danl. McCoy, Samuel Gunter, and William Rogers, with
iuU power and authority to conclude a treaty with the United States, did on the
28th day of February 1835, stipulate and agree with the Government of the U.
States to submit to the Senate to fix the amount which should be allowed the Cher'
okees for their claims and for a cession of their lands east of the Mississippi riv-
er, and did agree to abide by the award of the Senate of the United States them-
selves and to recommend the same to their people for their final determination.

And whereas on such submission the Senate advised "that a sum liot exctjed-
ing five millions of dollars be paid to the Cherokee Indians for all their lands
<»nd possessions east of the Mississippi river."

And whereas this delegation after said award of the Senate had been made,
were called upon to submit propositions as to its disposition, to be arranged in a
treaty, which they refused to do, but insisted that the same "should be leferred lo

tbfir nation and there in general council to deliberate and determrueon the sub*
ject in order to ensure harmony and good feeling among themselves."

And whereas a certain other delegation composed of John Ricl^e Elias Bou-
dinot, Archilla Smith, S. W. Bell, John West, Wm. A. Davis and Ezekiel West,
^vho represented that portion of the nation in favor of emigration to the Chero-
kee county west of the Missis!?ippi, entered into propositions for a treaty with
John F. Scherraerhorn commissioner on the part of the United States, which were-
to be submitted to their nation for their final action and determination :

And whereas the Cherokee people, at their last October council at Red Clay,
fully authorized and empowered a delegation or committee of twenty persons of
their nation to enter into and conclude a treaty with the United States commis-
sioner then present, at that place or elsewhere, and as the people had good reason to
'believe that a treaty would then and there be made or at a subsequent council at
New Echota, which the commissioners it was well known and understood, were
authorized and instructed to convene for said purpose; and since the said delega-
tion have gone on to Washington city, with a view to close nee:otiations there»
as stated by them, notwithstanding they were officially informed by the United
States, commissioner that they would not be received by the President of the U,
States; and that the Government would transact no business of this nature witk
fhem, and that if a treaty was made it must be done here in the nation, where
the delegation at Washington last winter urged that it should be done for the pur-
pose oj promotiuff peace and harmony among the people] and since the^e facts
nave also been corroborated to us by a communication recently received by the
commissioner from the Government of the United States and read and explained
to the people in open council, and therefore believing said delegation can efiect
nothing, and since our difficulties are daily increasing and our situation is render-
ed more and more precarious uncertain and insecure in consequence of the le-
gislation of the States; and seeing no effectual way of relief, but in accepting
the liberal overtures of the United States.

And whereas Gen. William Carroll and John F. Schermerhern were ap-
pointed commissioners on the part of the United States, with full power and au-
thority to conclude a|^trealy with the Cherokees east, and were directed by the Pres-
ident to convene the people of the nation in general council at New Echota, and
to submit said propositions to them with power and authority to vary the same sa
as to meet the views of the Cherokees in reference to its details.

And whereas the said commissioners did appoint and notify a general coun-
cil of the nation -to convene at New Echota, on the 21st day of December 1835 ;
and informed them that the commissioners would be prepared to make the treaty
with the Cherokee people who should assemble there, and those who did not conle
they should conclude gave tkeir assent and sanction to whatever should be trans-
acted at this council and the people having met in council according to said
notice.

Therefore the following articles of a treaty are agreed upon and concluded
between William Carroll and John F. Schermerhorn, commissioners on the part
of the United States and the chiefs head men and people of the Cherokee nation,
in general council assembled this 29th day of Dec. 1835.

Article 1. The Cherokee nation hereby cede relinquish and convey to the
United States all the lands oivned claimed or possessed by them east of the Mis-
sissippi river, and hereby release all their claims upon the United States for spol-
iations of every kind for and in consideration of the sum of five millions of dol-
lars to be expended paid and invested in the manner stipulated and agreed upon
in the following articles. But as a question has arisen between the commission
ersand the Cberpkers wh<pther theSenate in their resolution by which they ad

vised "ihat a sum not exceeding five millions of dollars be paid to the Cherokee
Indians for all their lands and possessions east of the Mississippi river," have in-
cluded and made any allowance or consideration for claims for spoliations, it i3
therefore agreed on the part of the United States that this question shall be ng-aia
submitted to the Senate for their consideration and decision, and if no allowance
was made for spoliations, that then an additional sum of three hundred thousand
dollars be allowed for the same.

Article 2. Whereas by the treaty of May 6th 1828 and the supplementa-
ry treaty thereto of Feb. 14th, 1833, with the Cherokees wesi of the Mississippi,
the United States guarantied and secured to be conveyed by patent, to the Che-
rokee nation of Indians the following tract of country : "Beginning at a point
on the old western territorial line of Arkansas Territory, being twenty-five miles
jiorth from the point where the territorial line crosses Arkansas river, thenco
junning from said north point south on the said territorial line where the said
•territorial line crosses Verdigris river; thence down said Verdigris river to the
Arkansas river ; thence down said Arkansas to a point where a stone is placed
opposite the east or lower bank of Grand river, at its junction with the Arkan-
sas ; whence running south forty four degrees west one mile; thence in a straight
line to a point four miles northerly, from the mouth of the north fork of the Ca-
nadian ; thence along the said four mile line to the Canadian; ther.ce down the
Canadian to the Arkansas; thence down the Arkansas to that point on the Ar-
kansas where the eastern Choctaw boundary strikes said river and running
thence with the western line of Arkansas Territory as now defined, to the south-
west corner of Missouri ; thence along the Western Missouri line to the land
assigned the Senecas ; thence on the south line of the Senecas to Grand river ]
thence up said Grand river as far as the south line of the Osage reservation,
extended if necessary; thence up and between said south Osage line extended
west if necessary, and a line drawn due west from the point of beginning to a
certain distance west, at which a line running north and south from said Osage
line to said due west line will make seven millions of acres within the whole
described boundaries. In addition to the seven millions of acres of land thus
provided for and bounded, the United States further guaranty to the Cherokee
nation a perpetual outlet west, and a free and unmolested use of all the country
west of the western boundary of said seven millions of acres, as far west as
the sovereignty of the United States and their right of soil extend ;

Provided however, That if the saline or salt plain on the western prairie
shall fall within said limits prescribed for said outlet, the right is reserved to the
United States to permit other tribes of red men to get salt on said plain in com-
mon with the Cherokees ; And letters patent shall be issued by the U. States as
soon as practicable for the land hereby guarantied."

And whereas it is apprehended by the Cherokees, that in the above cession
there is not contained a sufficient quantcty of land for the accommodation of the
whole nation on their removal west of the Mississippi, the United States in con-
sideration of the sum of five hundred thousand dollars therefore hereby coven-
ant and agree to convey /to the said Indians, and their descendants, by patent in
fee simple, the follov/ing additional tract of land situated between the west line of
the State of Missouri and the Osage reservation beginning at the southeast cor-
ner of the same, and runs north along the east line of the Osage lands fifty miles
to the northeast corner thereof; and thence east to the west line of the State of Mis-
souri; thence with said line south fifty miles ; thence west to the place of begin-
ning ; estimated to contain eight hundred thousand acres of land ; but it is ex-
pressly understood that if any of the lands assigned the Quapaws shall fall with-
in the aforesaid bounds the §ame shall be reserved and excepted out of the lands

above granted, and a pro rata reduction shall be made in the price to be allowefl;
to the United States for the same by the Cherokees.

Article 3. The United States also agree that the lands above ceded by
the treaty of Feb. 1*4, 1823, including the outlet and those ceded by this treaty,
shall ail be included in one patent executed to the Cherokee nation of Indians
by the President of the United States, according to the provisions of the act of
Jiay 28, 1830 It is, however, agreed that the niilitary reservation at Fort Gib^
«on shall be held by the United States. But should the United States abandoa
said post and have ho further use for the same it shall revert to the Cherokee
nation. The United States shall alvvays have the right to make and establish
such post and military roads and forts in any part of the Cherokee country, as
they may deem proper for the interest and protection of the same, and the free
use of as much land, timber, fuel and materials of all kinds for the construction
and support of the same as may be necessary : provided, that if the private rights
of individuals are interfered with, a just compensation therefor shall be made.

Article 4. The United States also stipulate and agree to extinguish for
the benefit of the Cherokees the titles to the reservations within their country
made in the Osage treaty of 1825, to certain half breeds, and for this purpose
they hereby agree to pay to the persons to whom the same belong or have been
assigned, or to their agents or guardians, whenever they shall execute, after the
ratification of this treaty, a satisfactary conveyance for the same, to the United
States, the sum of fifteen thousand dollars according to a schedule accompany-
ing this treaty of the relative value of the several reservations.

And whereas bv the several treaties between the United States and the
Osage Indians, the Union , and Harmony Missionary reservations which were
established for their benefit are now situated within the country ceded by them
to the United States ; the former being situated in the Cherokee country and the
lattt^r in the State of Missouri. It is therefore agreed, that the United States shall
pay the American Board of Commissioners for Foreign Missions, for the im-
pro''ements on the same what they shall be appraised at by Capt. Geo. Vashon,
Cherokee sub-agent, Abraham Rtdfield and A. P. Chouteau, or such persons as
the President of the United States shall appoint, and the money allowed for the
^ame shall be expended in schools among the Osages and improving their con-
edition. It is understood that the United States are to pay the amount allowed
for the reservations in this article and not the Cherokees.

Article 5. The United States hereby convenant and agree that the lands
ceded to the Cherokee nation in the foregoing article shall, in no future time
without their consent, be included within the territorial limits or jurisdiction of
any State or Territory. But they shall secure to the Cherokee nation the right,
by their national councils, to make and carry into efTect ail such laws as they
may deem necessary for the government and protection of the persons and pro-
perty within their own country, belonging to their people or such persons as
have connected themselves with them: provided always, that they shall not bd
"inconsistent with the constitution of the United States and such acts of Congress as
have been or may be passed, regulating trade and intercourse with the Indians ;
and also, that they shall not be considered as extending to such citizens and ar-
my of the United' States as may travel or reside in the Indian country by per-
mission, according to the laws and regulations ectablished by the Government oi
the same.

Articlf6. Perpetual peace and friendship shall e^ist between the citizens
of the United States and the Cherokee Indians. The United States agree to
protect the Cherokee nation from domestic strife and foreign enemies and against
intestine wars between the several tribes. The Cherokees ehali endeavor to

preserve and maintaiB the peace of the country, and not maTce war tjpon their
neighbors, they shall also be protected against interruption and intrusion from
tiitizens of the United Stales, who may attempt to settle in the country without
their consent; and all such persons shall be removed from the same by order of
the President of thd United States. But this is not intended to prevent the resi-
dence among them of useful farmers, mechanics and teachers for the instruction
of Indians according to treaty stipulations.

Article 7. The Cherokee nation having already made great progress in
civilization, and deeming it important that every proper and laudable inducement
should be offered to their people to improve their condition, as well as to guard
and secure in the most effectual manner the rights guarantied to them in this trea-
ty, and with a view to illustrate the liberal and enlarged policy of the Govern-
ment of the United States towards the Indians in their removal beyond the terri-
torial limits of the States, it is stipulated that they shall be entifjed to a delegate
in the House of Representatives of the United States, whenever Congress shall
make provision for the same.

Article 8. The United States also agree and stipulate to remove the
-Cherokees to their new homes and to subsist them one year after their arrival
there, and that a sufficient number of steamboats and baggage-wagons shall be
furnished to remove them comfortably, and so as not to endanger their health, and
that a physician well supplied with medicines shall accompany each detachmf^nt
of emigrants removed by the Government. Such persons and families as, in the
opinion of the emigrating agent are capable of subsisting and removing themselves-
shall be permitted to do so ; and they shall be allowed in full for all claims for the
same, twenty dollars for each member of their family ; and in lieu of their one
year's rations they shall be paid the sura of thirty-three dollars and thirty-three
cents if they prefer it.

Such Cherokees also as reside at present out of the nation and shall remove
with them in two years west of the Mississippi, shall be entitled to allowance for
removal and subsistence as above provided.

Article 9. The United States argee to appoint suitable agents, who shall
make a just and fair valuation of all such improvements now in the possession of
the Cherokees as add any value to the lands; and also of the ferries owned by
them, according to their nett income ; and such improvements and ferries from
which they have been dispossessed in a lawless manner or under any existing-
laws of the State where the same may be situated.

The just debts of the Indians shall be paid out of any moneys due them for
their improvements and claims, and they shall also be furnished at the discretion
of the President of the United States, with a sufficient sum to enable them to ob-
tain the necessary means to remove themselves to their new homes, and the bal-
ance of their dues shall be paid them at the Cherokee agency west of the Missis-
sippi. The missionary establishments shall also be valued and appraised in a
like manner, and the amount of them paid over by the United States to the treas-
urers of the respective missionary societies by whom they have been established
land improved, in order to enable them to erect such buildings and make such
improvements among the Cherokees west of the Mississippi as they may deem
recessary for their benefit. Such teachers at present among the Cherokees as
this council shall select and designate, shall be removed west of the Mississippi
with the Cherokee nation, and on the same terms allowed to them.

Article 10. The President of the United States shall invest in some safe
find most productive public stocks of the country, for the benefit of the whole
Cherokee nation who have removed or shall remove to the lands assigned by this
treaty; to the Cherokee nation west of the Mississippi, the following sums aB e

permanent fund for the purposes hereinafter specified, and pay over tl)e nett In-
come of ihf* same annually to such person or persons as snail be authorized or
appointed by the Cherokee nation to receive the same, and their receipt shall be a
iull discharge for the amount paid to them, viz: the sum of two hundred thousand
dollars in addition to the present annuities of the nation, to constitute a g-eneral fund
the interest of which shall be applied annually by the conncil of the nation to
such purposes as they may deem best for the general interest of their people.
The sum of fifty thousand dollars to constitute an orphans' fund the annual in.
come of which shall be expended towars the support and education of such or-
phan children as are destitute of the mieans of subsistence. The sum of one
hundred and fifty thousand dollars, in addition to the present school fund of the
nation, shall constitute a permanent school fund, the mterestof which shall be ap-
plied annually by the council of the nation for the supportjof common schools and
such a literary institution of a higher order as may be established in the Indian
country. And in order to secure as far as possible the true and beneficial appli-
cation of the orphan's and school fund, the council of the Cherokee nation, when
required by the President of the United States, shall make a report of the appli-
cation of those funds and he shall at all times, have the right if the funds have
been misapplied, to correct any abuses of them and direct the manner of their ap-
plication for the purposes for whi::h they were intended. The council of the na-
tion may by giving two years' notice of their intention withdraw their funds by
and with the consent of the President and Senate of the United States, and invest'
them in such manner as they may deem most proper for their interest. The
United States also agree and stipulate to pay the just debts and claims against
the Cherokee nation, held by the citizens of the same, and also the just claims of
citizens of the United States, for services rendered to the nation and the sum of
sixty thousand dollars is appropriated for this purpose; but no claims against in-
dividual persons of the nation shall be allowed and paid by the nation. The
sum of three hundred thousand dollars is hereby set apart to pay and liquidate
the just claims of the Cherokees upon the United States for spoliations of every
kind, that have not been already satisfied under former treaties.

Article. 11. The Cherokee nation of Indians believing it will be for the
interest of their people to have all their funds and annuities under their own di-
rection and future disposition, hereby agree to commute their permanent annuity
often thousand dollars for the sum of two hundred and fourteen thousand dollars,
the same to be invested by the President of the United States as a part of the gen-
eral futid of the nation ; and their present school fund amounting to about fifty
thousand dollars shall constitute a part of the permanent school fund of the nation.
Artice 12. Those individuals and families of the Cherokee nation that
are averse to a removal to the Cherokee country west of the Mississippi, and are
desirous to become citizens of the States where they reside, and such asarequali-
fied to take care of themselves and their property, shall be entitled to rec eive their
due portion of all the personal benefits accruing under this treaty for their claims,
improvements, and per capita ; as soon as an appropriation is made for this treaty.
Such heads of Cherokee families as are desirous to reside within the States
of North Carolina, Tennessee and Alabama, subject to the laws of the same, and-
who are qualified or calculated to become useful citizens, shall be entitled, on the
certificate of the commissioners to a pre emption right to one hundred and sixty
acres of land or one quarter section at the minimum Congress price ; so as to in-
clude the present buildings or improvements of those who now reside there, and
such as do not live there at present shall be permitted to locate within two years
any lands not already occupied by persons entitled to pre-emption privilege un-
der this treaty; and if two or more families live on the same quarter section and

they desire to continue their residence in these States and are qualified as above
specified they shall, on receiving their pre-emption certificate be entitled to the
rJo'ht of pre-emption to such lands as they may select not already taken by any
person entitled to them under this treaty.

It is stipulated and agreed between the United States and the Cherokee peo-
ple that John Ross, James Starr, Georg-e Hicks, Jon Grunter, George Chambers,
John Ridge, Elias Boudinot, Ceorge Sanders, John Martin, William Rogers, Ro-
man Nose Situ wake, and John Timpson shall be a committee on the part of the
' Cherokees to reccommend such persons for the privilege of pre-emption rights as
i may be deemed entitled to the same under the above articles, and to select the
missionaries who shall be removed with the nation ; and that they be hereby ful-
ly empowered and authorized to transact all business on the part of the Indians,
which may arise in carrying into efl^ect the provisions of this treaty, and settling
the same with the United States If any of the persons above mentioned should
decline acting or be removed by death ; the vacancies shall be filled by the com-
mittee themselves.

It is also understood and agreed that the sum of one hundred thousand dol-
lars shall be expended by the commissioners, in such manner as the committee
deem best, for the benefit of the poorer class of Cherokees as shall remove ;vest
or have removed west and are entitled to the behefits of this treaty The same
to be delivered at the Cherokee agency west, as soon after the removal of the na-
tion as possible.

Article 13. In order to make a final settlement of all the claims of the
Cherokees for reservations granted under former treaties to any individuals be-
longing to the nation by^the United States, it is therefore hereby stipulated and a-
t greed and expressly understood by the parties to this treaty — that all the Chero-
s' kees and their heirs and descendants to whom any reservations have been made
under any former treaties with the United States, and who have not sold or con-
veyed the same by deed or otherwise, and who in the opinion of the commis-
[ sioners have complied with the terms on which the reservations were granted as
' far as practicable in the several cases ; and which reservations have since been
sold by the United States, shall constitute a just claim against the United States;
and the original reservee or their heirs or descendants shall be entitled to re-
ceive the present value thereof from the United States, as unimproved lands.
And all such reservations as have not been sold by the United States, and where
the terms on which the reservations were made in the opinion of the commis-
sioners, have been complied with as far as practicable, they or their heirs or
I descendants shall be entitled to the same. They are hereby granted and confirm-
ed to them— and also all persons who were entitled to reservations under the
treaty of 1817, and who as far as practicable in tne opinion of the commissioners,
have complied with the stipulations of said treaty, although by the treaty of 1819
such reservations were included in the unceded lands belonging to the Cherokee
nation, are hereby confirmed to them and they shall be entitled to receive a grant
for the same. And all such reservees as were obliged by the laivs of the States
in which their reservations were situated, to abandon the same or purchase them
from the States, shall be deemed to have a just claim against the United States for
the amount by them paid to the States, with interest thereon for such reservations,
and if obliged to abandon the same, to the present value of such resetvations as
unimproved lands, but in ail cases vvhere the reservees have sold their reserva-
tions or any part thereof, and conveyed the same by deed or otherwise and have
been paid for the same, they their heirs or descendants or their assigns shall not
be considered as having any claims upon the United States, under'this ai"ticle of

the treaty, nor be entitled to receive any compensation for the lands thus disposed
of. It is expressly understood by the parties to this treaty, that the amount to be
allowed for reservations under this article shall not be deducted out of the consid-
eration money allowed to the Cherokees for their claims for spoliations and the
cession of their lands ; but the same is to be paid for independently by the Uni-
ted States, as it is only a just fulfilment of former treaty stipulations.

Article 14. It is also agreed on the part of the United States, that such
warriors of the Cherokee nation as were engaged on the side of the United States
in the late war Avith Great Britain and the southern tribes of Indians, and who
were woundcid in such service, shall be entitled to such pensions as shall be al-
lowed them by the Congress of the United States, to commence irorn the period
of iheir disability.

Article 15. It is expressly understood and agreed between the parties to
this treaty that after deducting the amount which shall be actually expended for
the payment for improvements, ferries, claims for spoliations, removal, subsistence
and debts and claims upon the Cherokee nation, and for the additional quantity
of lands and goods for the poorer class of Cherokees, and the several sums to be
invested for the general national funds, provided for in the several articles ofthis
treaty, the balance what ever the same may he shall be equally divided between
all the people belonging to the Cherokee nation east, according to the census just
completed; and such Cherokees as have removed west since June 1833, vi'ho'are
entiiled by the terms of their enrolment and removal to all the benefits resulting
from the final treaty between the United States and the Cherokees east, they shall
also be paid (or their improvements, according to their approved value, before their
removal where fraud has not already been shown in their valuation.

Article 16. It is hereby stipulated and agreed by the Cherokees that
they shall remove to their new homes within two years from the ratification of
this treaty, and that during such time the United States shall protect and defend
them in their possessions and property and free use and occupation of the same,
and such persons as have been dispossessed of their improvements and houses,
and for which no grant has actually issued previously to the enactment of the law
of the State of Georgia, of December 1835 to regulate Indian occupancy, shall be
again put in possession and placed in the same situation and condition in refer-
ence to the laws of the State of Georgia as the Indians that have not been dispos-
sessed; and if this is not done, and the people are left unprotected, then the
United States shall pay the several Cherokees for the losses and damages su.^-
tained by them in consequence thereof. And it is also stipulated and agreed that
the public buildings and improvements on which they are situated at New Echo-
ta, for which no grant has been actually made previous to the passage of the above
recited act, if not occupied by the Cherokee people shall be reserved for the pub-
lic and free use of the United States and the Cherokee Indians, for the purpose
of settling and closing all the Indian business arising under this treaty between
the commissioners of claims and the Indians.

The United Siates, and the several States interested in the Cherokee lands,
shall immediately proceed to survey the lands ceded by this treaty ; but it is ex-
pressly agreed and understood between the parties that the agency buildings and
that tract of land surveyed and laid off for the use of Colonel R. J. Meigs, Indian
agent, or heretofore enjoyed and occupied by his successors in office shall contin-'
ue subject to the use and occupancy of the United States, or such agent as may
be engaged specially superintending the removal of the tribe

Article 17. All the claims arising under or provided for in the several
articles ofthis treaty, shall be examined and adjudicated by Gen Wm. Carroll
and John F. Schermerhoro, or by such commissioners as shall be appointed by

the PrtsiJent of the United States for that purpose and their decision shall be fi-
lial and on their certificate of the amount due the several claimants they shall be
paid by the United States. All stipulations in former treaties which have not
been superseded or annulled by this shall continue in full force and virtue.

Article 18. Whereas in consequence of the unsettled affairs of the Cher-
skee people, and the early frosts, their crops are insufficient to support their fam-
ilies and great distress is likely to ensue, and whereas the nation will not, until
after their removal, be able advantageously to e.xpend the income of the perma-
nent funds of the nation, it is therefore agreed that the annuities of the nation
which may accrue under this treaty for two years, the time fixed for their remo-
val, shall be expended in provi:^ion and clothing for the benefit of the poorer class
of the nation; and the United States hereby agree to advance the same for that
purpose as soon after the ratification of this treaty as an appropriation for the same
dhall be made. It is however not inlended in this article to interfere with tiiat
part of the annuities due the Cherokees west by the treaty of 1819.

Article 19. This tieaty, after the same shall be ratified by the Pre.-iJent
and Senate of the United States, shall be obligatory on the contracting parlies.

In testimony whereof the commissioners and the chiefs, head men and peo-
ple, whose names are hereunto annexed, being duly authorized by the people in
general council assembled, have affixed their hands and seals for-themselves and
in behalf of the Cherokee nation.

I have examined the foregoing treaty, and although not present when it was
made, I approve its provisions generally, and therefore sign it

Wm. Carrol], [l. s.]

Major Ridge his x mark, [l. s.]

Tesa-ta-esky, his x mark, [l. s.]

George Chambers his x mark [l. s]

Archilla Smith, \us x mark, [l s ]

William Lassley, [l. s.]

Te-gah-e-ske, his xmark, [l. s ]

John Gunter, [l. s.]

Charles F. Foreman, [l. s]

George W. Adair, [l. s]

James Starr, his xmark, [l. s.]

J. F, Schermerhorn, [l s.]

James Foster, his x mark, [l. s]

Charles Moore his x mark, [l s.J

Tah-yt-ske, his x mark, [l. s]

Andrew Ross, [l. s.]

Cae-te-hee, his x mark, [l. s ]

Robert Rogers, [l. s.J

John A. Bell, [l. s j

William Rogers, [l. s.]

Elias Boudinot, [l. s.]

Jesse Half breed, his X mark, [l. s.J

Signed and sealed in presence of Western B Thomas, Secr^ij. Ben. F. Cur-
:ey, Special Ag^nt. M. Wolf Batemrin, UtLt. Gtk U. S. A itif,, Disb'g. Agent.
Jno. L. Hooper, Lt. 4fk inf. C. I\I. Hitchcock, M. D. Assist. Surg. U. S. A.
G. W. Currey, Wm. H. Underwood, Cornelius D. Terhune, John W. H. Un-
derwood.

In compliance with instructions of the council at New Echota we sign this
treaty.

STAND WAITE,
March I, 1836. JOHN RIDGE.

Witnesses:

ELBERT HERRING.
ALEXANDER H. EVERETT,
JOHN ROBB,
D. KURTZ,
Wm. Y. HANSELL,
SAMUEL J. POTTS,
JOHN LITTLE,
S. ROCKWELL.

The following article was adopted as a supplemental article to the treaty by
a unanimous voie of the committee and ordered to be attached to and considered
as part of this treaty.

Article 20. The United States do also hereby guaranty the payment of
all unpaid just claims upon the Indians, without expense to them, out of the pro-
per funds of the United States, for the settlement of which a cession or cessions
of land hab or have been heretofore made by the Indians, in Georgia. Provided,
the United States or the State of Georgia has derived benefit from the said cession
or cessions of land without having made payment to the Indians therefor. It is
hereby however further agreed and understood that if the Senate of the United
States disapprove of this article, it maybe rejected without impairing any other
provision of this treaty, or affecting the Indians in any manner whatever.

A. McCOY, Clerk CommiAtee.
W. B. THOMAS, Secrelary.
In compliance with the unanimous request of the Committee of the Chero-
kee nation in general council assembled, it is consented and agreed by the com-
missioner on the part of the United States that the foregoing shall be added as a
supplemental article to the treaty; under the express condition and stipulation that
if the President or Senate of the United States disapprove of this article, it may
be rejected without impairing any other provision of this treaty, or affecting th*
Indians in any manner whatever.

J. F. SCHERMERHORN.
Whereas the Western Cherokees have appointed a delegation to visit the
eastern Cherokees, to assure them of the friendly disposition of their people and
their desire that the nation should again be united as one people, and to urge up-
on them the expediency of accepting the overtures of the Government; and thit,
on their removal they may be assured of a hearty welcome and an equal partici-
pation with them in all the benefits and privileges of the Cherokee country west,
and the undersigned two of said delegation being the only delegates in the eastero
nation from the west at the signing and sealing of the treaty lately concluded at
New Echota between their eastern brethern and the United States; and having
fully understood the provisions of the same they agree to it in behalf of the west-
ern Cherokees. But it is expressly understood that nothing in this treaty shall
affect any claims of the western Cherokees on the United States.

In testmiony whereof, we have, this 31st day of December, 1835, hereunto
set our hands and seals.

JAMES ROGERS, [l. s.]

his
JOHN X SxMITH, [L. si
mark
Delegates from the western Cherokees.
Test :
BEN. F. CURREY,
Special Agent.
M. W. BATEMAN,

First Lif.ut 6th infantry/.
■ JOHN L. HOOPER,
Lt. ^th inft.
ELIAS BOUDINOT.

Schedule and estlmaled value of the Osage half-breed reserrailofis vlthm the ter-
ritory ce<ied to the Qheroktes west of the Mississippi, {referred to in article 5 of the
foregoing treat]/.) viz :

Augustus Clarmont one section $6,000

James " " " ],000

Paul " " " / ],300

Henry " " " 800

Anthr.ny " " " 1,800

Ro^^alie " " " 1,800

Emila D, of Mihan<?a 1,000

Emila D, of Shemianga * 1,300

$ 15,000

I hereby certify that the above schedule is the estimated value of the Osage
reservations; as made out and agreed upon with Colonel A. P, Choteau, who
represented himself hs the agent or guardian of the above reservees.

March 14, 1835. J. F. SCHERMERHORN.

Supple VI en tary articles to <j treaty concluded at Neiv Echoia, Georgia, Decem-
ber 29, 1835, beliveen the United Slates and Cherokee people.

Whereas the undersigned were authorized at the general meeting of the Che-
rokee people held at New Echota, as above stated, to make and assent to such al-
terations in the preceeding treaty as might be thought necessarj^ and whereas
the President of the United States has expressed his determination not to allow
any pre-emptions or reservations, his desire being that the whole Cherokee peo-
ple should remove together and establish themselves in the country provided for
them .vest of the Mississippi river.

Article 1. It is therefore agreed that all the pre-emption rights and re-
servations provided for in articles 12 and 13, shall be and are hereby relinquished
and declared void.

Article 2. Whereas the Cherokee people have supposed that the sum of

five millions of dollars fixed by the Senate in their resolution of- day of March.

1835, as the value of the Cherokee lands and possessions east of the Mississippi
river, was not intended to include the amount which may be required to remove
them, nor the value of certain claims which many of their people had against citi-
zens of the United States, which suggestion has been confirmed by the opinion
expressed to the War Department by some of the Senators, who voted upon the
question, and whereas the Prnsideni is willing that this subject should be referred
to the Senate for their consideration, and if it was not intended by the Senate that
the above-mentioned sum of five millions of dollars should include the objects
herein specified, that in that case such further provision should be made therefor,
as might appear to the Senate to be just.

Articles. It is therefore agreed that the sum of six hundred thousand
dollars shall be and the same is hereby allowed to the Cherokee people, to include
the expense of their removal, and all claims of every nature and description a-
gainst the Government of the United States, not herein otherwise expressly pro-
vided for, and to be in lieu of the said reservations and pre emptions and of the
sum of three hundred thousand dollars for spoliations described in the 1st article
of the above-mentioned treaty. This sum of six hundred thousand dollars shall
be applied and distributed agreeably to the provisions of the said treaty, and any
surplus which may remain after removal and payment oftheclaims so ascertain-
ed shall be turned over and beloDg to the education fund.

But it is expressly understood that the subject of this arlicle is merely refer,
red hereby to the con&ider.ilion of the Senate, and if they shall approve the same
then this supph-ratnt shall remain part of the treaty.

AiiTicLK 4. It is also understood that the provisions in artir.le IG, for the
agency reservation is not intended to interfere with the occupant right of any
Cherokets, should their improvement frill within the same.

It is also understood and agreed, that the one hundred thousand dollars ap-
propriate d in article 12, for the poorer class of Cherokees, and intended as a set-
ofi'to the preemption rights shall no.v be transferred from the funds of the nation
and added to the general na*i;inal fund of four hundred thousand dollars so as to
make said fund equal to live hundred thousand drdlars.

Article 5. The necessary expenses attending the negotiation of the afore-
said treaty and supplement, and also of such persons of the delegation as may
sign the same, shall be defrayed by the United S:ates.

tn tesiimony whereof John F. Schermerhorn, commissioner on the part of
;he United Slati-s, and the undersigned delegation have hereunto set their hands
and seals, this first day of iMarch, in the year one thousand eight hundred and
ihirtv-six.

J. F. Schermerhorn, [l. s]

James Foster, his x mark, [l s.]
Long S. Turtle, his x mark [l. s ]
John Fields, his x mark, [l. s ]
James Fields, his x mark, [l. s.]
George Welch, hisx mark, [l. s]

Andrew Ross,

[l s.]

William Roger?,

|l. s]

John Gunter,

[l. s]

John A. Bell,

[l s ]

Jos. A. Foreman,

Robert Sanders,

[l s]

Elias Boudinot,

[l. s.]

Johnson Rogers,

[l. s ]

James Starr, his x mark.

[l. s ]

Stand Watie.

[l. s ]

Major Ridge, his x mark, [l. s]
I'ahyt'-ske, his x markj [l. s]

John R'dge, [l. s]

James Rogers, [h- s ]

John Smith, his x mark. [l. s.]

Witnesses :
Elbert Herring,
Thos. Glascock,
Alexander H. Everett,
Jno. Garland, Majr. U. S. A.
C. A. Harris,
John Robb,
Wm. y. Hansen,
Saml. J. l*Dtis,
John Litile,
S Rockwell.
Now THEREroRE BE IT KNOAVN, THAT 1, ANDREW Jackson, President of
the United States of America, having seen and considered the said Treaty, and
also the Supplementary Article thereunto annexed, do, in pursuance of the advice
and consent of the Senate, as expressed in their resolution of the eighteenth day
of May, one thousand eight hundred and thirty-six, accept, ratify, and confirm the
same, with the following amendments thereto, as expressed in the afore-^^aid res-
olution of the Senate. "Article 17, lines 2 and 3, strikeout the words "by Gen.
William Carroll and John F. Schermerhorn, or." "In the 4th line of the same
article, after the word 'States,' insert 'by and with the advice and consent of the
Senate of the United States." "Strike out the 20th article which appears as a
supplemental article."

In testimony whereof, I have caused the seal of the United States to be
hereunto' affixed, having signed the same with my hand.

Done at the city of Washington, this twenty-third day of May,
in the year of our Lord one thousand eight hundred and thirty-six,
and of the independence of the United States the sixtieth.

AN DREW JACKSON.
By the President :

JOHN FORSYTH,

Secretary of Slate.

[SENATE—No. 6.]
LegislctturiB of North Carolina — 1836,

REPORT

tMe committee

ON THE SUBJECT ^

rUBL.l€ .l^^^n JPRITMTB ^€T^.

RALiilGH:
Thomas X>orlng, Priniex-.

1836-,

KEPORT.

The Gommittee to whom was referred the resolution to inquire inio
the expediency of defining the distinction, between what are denominated
pubh'c and priyalp acts, have given to the subject much consideration, and

REPORT,

That much perplexity must naturally occur from the diversifieti
character of ihe various interests, and their relations, which are the subjects
of legislation, in adopting any definition that may be useful, and at the
same time afford a certain criterion, for all practical purposes. From the
very great difficulties, and conflicting opinions, \\hich the books themselves
furnish upon this subject, your committee would be unwilling to assume
the responsibility, and hazard the imputation of manifesting great vanity,
of attempting to submit any definition, as each case must at last depend up-
on its own intrinsic facts and circumstances, and be subjected to the test of
general rules, and definitions ; and these we have deemed it our duty to
submit to the Senate, as furnishing th^ only means and criteria by which
they can judge of the nature, and character of any bill, that may be brought
before them. A public act is a universal rule that regards the whole com*
munity, and of this courts of justice are bound to take notice, judicially and
ex officio. Private acts are exceptions rather than rides operating only up^
on particulq.r persons and private concerns, and of these the judges are not
bound to take notice, unless they be formally shewn and pleaded. This
distinction of public and private acts, it is said, was first made in thereignof
Richard the third, who applied this new invention to the purpose of destroy-
ing his enemies by parliamentary attainders ; and it cannot it is believed
he doubted, that in this country any act, the operation of which would on-
ly affect particular persons and private concerns, would be regarded as ^
private statute. This species of lesislation, too, in the hands of an obedi-
ent parliament, to the will of a capricious, and tyranical prince, it is easily
conceived, might be made the willing and proscriptive instrument of the
most tyrannous exercise of power ; whilst on the other hand, under a differ-
ent aspect of affairs, it might be productive of the most beneficial results
and advantages. It often happens in our own State, that a private act
would afford relief and confer great advantages upon the citizens of a par-,
ticular county or section thereof; but if adopted as a general or publio
law, would be productive to other sections and citizens,»of the most disas-
trous consequences. It has, therefore, been always regarded as a valuable
species of legislation ; but at the same time, deprecated from the perplexi-
ity and want of uniformity, which it creates in our laws, and the very great
consumption, both of time and money, to which it has subjected our Le-
gislature. Forming, as it has done, so much of our legislation, and being

deemed so essentially requisite for the interests and convenience of our cit-
izens, it becomes iiighly important that we should rightly understand its
character and operation. It has been held by the highest judicial tribunal
in the State, that an act of one Legislature, forbidding the felling of timber
in the channel of a particular creek^ in ^particular counti^ in this State, which
imposed a penalty, and rendered the perpetration a crim^, to be prosecuted by
indictment in a court of repord, and to be punished, by a fine to the State,
was a public statute. An analysis of the law on the subject thus laid down,
may contribute much to the elucidatjqn of the questipn submitted to ua,
t?hen taken in connection with certain other principles. |t is held that
giving a penalty in an act to the sovereign, or State, makes it a public stat-
ute, for it concerned the sovereign qr State, as repiesenting the body politi(^
and touched the public revenue. This act then, although it related to a
particular cregk, in a particular county will be found on examination to fall
withm the definition of a public statute, ^s described in this report. 1. It is
a universal rule that regards the whole community, in that it made it criin •
inal for all citizens whether of that particular cpunty or not to fell timber
in the creejf. 2 The courts of Justice are bound to take notice ot it judici-
ally and ex officio^ for the creation of a crime, of which all persons are capa-
ble and rendering it punishable by indictment and fine, must inform th$
courts of the law, since every man is charged at his peril to abstain from
ail crimes, and it is the peculiar duty of magistrates to punish them- The
hypothetical cases alluded to in the report of the same case, may serve still
further to illustrate the legal distinction |3et\ve^n p\iblip and private act§,
and your committee cannot better discharge the duty assigned to them,
than by alluding to them. If a statute should be passed, that in one cer-
tain county, particular persons should keep the highways in repair ; or if a
town be incorporated, and its authorities be invested with power, to raise
money to keep the streets in repair, and it is made their duty to raise it ;
but the act does not in either case expressly declare that default shall be a
misdemeanor, or be indictable ; in those cases although by the public hiW,
the neglect to repair the highways be a misdemeanor, and the offenders may
be indicted, yet the act imposing the duty and burthe^, on nartipular indi-
viduals must be shown. The reason is, that the court should not otherwise
know that it was their duty. In these cases, it will be perceived that there
are wanting many of the essential requisites for a pi^bUc statute. 1, It con-
cerns particular persons in a certaiu, county or town. 2. It is notjmade in-
dictable in a court of record, and subjects the offender tq qo fine, and conse-
quently tl^e courts are not bound to take notice of it judicially and ex of^-
cio, 3. The State is not interested, or concerned as the representative of
the body pqliric, and it does not touch or affect the public revenue. It is
3aid down that every statute which concerns the State, is a publip statute foT
every citizen has an interest in the State. A Statute which concerns the
public revenue, or trade in general, is a public Statute ; but some clauses
therein may if they relate to private persons only, be private, for a statute
may be public in one part and private in another ; and ahhough a statute
be of a private nature, as if it concern a particular trade, yet if a forfeiture
be thereby given to the State, it is a pubhc statute ; but a statute which
vinly rchles to a particular trade, or to e particular person ef that trade, is t,

I private statute. A statute incorporating a bank is a private statute, for their
Dills are held by our courts to be a legal tender unless specially objected to,
their charters concern the currency of the country, and their operations ef-
fect the whole community, and more especially, are acts incorporating banks
to be regarded as public, when the State becomes interested in the stock,
^nd derives a revenue irom them by the way of a tax. By parity of rea-
soning, acts incorporating Rail Road companies, from which the (State de-
rives a revenue, must be regarded as public acts, and are necessarily so,
when they subject offenders to punishment, by* indictment and fine, who
;are found guilty of destroying, injuring, or obstructing the roads. In En-
■gland the limits of the several parishes and counties, are not ascertained by.
public acts of parliament, the records of which are remaining ; but they are
iqetermined by ancient usage of which the Judges cannot jtidicially take no-
tice ; in this country it is very different ; our county limits and the bounda-
ries of ourto%yns are prescribed by public statutes, of which the judges are
bound judicially to take notice. A further distinction obtains, which it
may be important to notice ; a private act of the Legislature; incorporating
certain persons, for purposes of private emolument, or advantage, will not
bind those persoi^s named in the act, who have not consented thereto, and
will not bind strangers though it contains no saving of their rights — if how-,
ever the act were public or general it would bind all citizens. Public
statutes are not the subject of proof in any court of justice, for being the law
of the land, they are supposed to be known by every man, and the printed
statute book, is referred to, not as evidence, to prove that of which every
ilnan is presumed to be coiiversant, bi^t tor the purpose of refreshing the
ligiemory pf those, who are to decide upon them; but private acts, not con-
1 ceming the public, are not considered as laws, hntfads, and therefore must
! be proved like other records, which concern private rights, by certified co-
ipies from the Secretary of the State. In confirmation of the truth of this,
iistinction, it will be found by referrence to our act of 1826, c 6, that our
Legislature declared that all private acts which hav^ been or may hereafter
I be passed by the General Assembly, and printed by the printer of the State,
Ikhall and may be read in evidence, in all cases, and in all courts of this
iState, from the printed statute book; and also that any of the private acts
heretofore passed, and published by Francis X. Martin, in his collection of
;^|-ivate acts, shall and may be read in evidence, from said collection. Pre-
Hons to the passage of this act, if any person asserted a right under a pri-
fate act, before any judicial tribunal in this State, as the court was not
oound judicially to notice it, he was compelled to give evidence of the ex-
fstence of such private act, by means of a certified copy of the same fron^
he Secretary of State.

|t wi}l readily be perceived, that the classification of the Statutes pas-,
lied by each General Assembly, into public and private acts, as exhibited
in our patnphlet laws, as they are termed, has been exceedingly arbirary
ihd illegal ; and that many of those laws which have been arranged under.
[Iheheacl of private acts, are, according to legal construction, public Stat-
j aites. Your committee will hazard th^ opinion, that in amending the Con-
|lifitution upon this subject, it never was contemplated to confine the Legis-
ature to ih^ true le.jal distinction bet^veen yublic and private acts. Th(^

great evil complained of, and which it ought to remedy, was the private!
legislation for seperate and particular counties, whereby almost every county
had a distinct code of laws of its own ; and the uniformity and certainty of
the general or public law, was rendered very perplexed and confused ; and
jh's opinion is somewhat confirmed by the legislative construction, as evi-
denced by the character, classification, and arrangement, from time imme-
morial, of our private acts, upon our Statute book. It would seem thati
they regarded and so classified all acts, the benefit and operation of whichi
^ere confined to the limits of any one county in the State, or to the citizens
thereof, as private acts. It would certainly facilitate our operaiions, and
afford a more certain standard and criterion, to adopt the legal distinction,
although no difficulty could arise from adopting any course. The Consti-i
tutional prohibition, that we shall not pass any private law, except undefi
certain restrictions, can never he subjected to judicial investigation ; as we
are the Cons.titutional judges upon the subject of j^assing private laws, and
whether we have complied with the preliminary requisites, can never be
called in question, except by ourselves. Your committee, upon reference
to authorities, found that another distinction was used ; and in Parliament-l
ary language, some acts are called public general acts ; others public locali
acts ; but that no aid was to be derived from these distinctions, and less^
certainty of definition and description, than those designated by law. In
fact, the difficulty and perplexities which arose upon this subject in the
British Parliament, seemed, lor a while, to confuse and delay all useful
legislation, until a plan was adopted, which seemed to settle all doubts, and
remove all difficulties. And all difficulties respecting the distinction of
modern Stat ites, as public or privite, are prevented by regulations of both
Houses of Parliament, under which, the Statutes are, at present, classed in
four series: 1st, Public General Acts; 2d, Local and Personal Acts, to be
judicially noticed ; 3d, Private Acts to he printed ; 4th, Private acts not
printed. The first of these are in the largest sense of the word, private
acts. The nature of those in the second series, is defined by the clauses
respectively annexed to them. Road acts and others of an extensive na-
ture, are made public acts by a clause in each act, enacting " that this act
shall be deemed, and taken to be a public act^ and shall be judicially ta-
ken notice of as ^uch by all the Judges, Justices, and oihers, without being
specially pleaded." Jnclosure acts, Estate acts, and such others in the
third series, the persons concerned wherein, choose to be at the expense of
printing them, have a clause annexed in each act, " that this act shall be
printed by the printer to the King's most Excellent Majesty, and a copy
thereof so printed, shall be admitted as evidence thereof, by all Judges, Jus-
tices and others. These may be called quasi public acts. The acts clas-
sed in the fourth series, are strictly private : being either naturdization acts,
divorce, &,c. or relating to inclosures, or estates, not having the clause last
quoted annexed to them.

It cannot now be a matter of surprise, from the brief review which
your committee have made of the subject, that it is almost impossible to
adapt any definition which will have a certain, consistent, and uniform op-
eration upon every bill that may be the subject of legislation ; but it may
he clearly deduced, from what has been already stated, that r11 acts, the

provisions of which Concern the patHc in genetal, the fights of the
State, the public revenue arising either from taxation, or increased by a pen-
ihy ot fine by the omission of duty, or the violaii&n of any of its provisions,
3oramanded or prohibited ; arid all acts relating to officers, in the exercisfe
>f any authority, or from our citizens, or in any of the Departments of
i!he Government ; and concerning the public highways, whether they con-
sist of public roads or navigable water -courses, and relating to the ditferent
Departments of the Government^ Legislature, {Executive, and Judicial, and
tade in general, are, according to the legal distinctions laid down in the
jtooks, public acts ; and as private acts, are rather exceptions than rules, they
may be easily tested by the principle, that the expression of the one, is the
exclusion of the other.

Your committee do not lay claim to any originality of thought, idea,
or langitage in this rcp=oft, but are free to admit, that in eve^y case where'
ibe language of the books seferfled, from its precision, &.c. to meef the view?
bf the "committee, and better calculated to impart theii* ideas, &c they
lave adopted it ; and th^ir only object is, that the difficulty of the subject
:)as prevented them from delinlng any j^redse rule^ by which the character
!>f every bill might be easily tested.
1,. All of which is respectfully submitted,
t- JAMES W. BRYAN, Chairman,

LEGISLATURE OF NORTH CAROLINA:

Raleigh, November, 1838.

E S S A 0 E :

To the Honorable

The General Assembly of North Carolina,
Gentlemen :

In entering upon the discharge of the public duties enjoined by
the Constitution, we should not be unmindful of our abundant cause of
gratitude to the Author of all good for the many blessings beneficently
lavished upon our common country. Though the products of agri-
culture may not have reached their usual abundance, enough has been
reahzed to meet the wants of our people, and industry through all its
other avenues has been fairly rewarded.

The laws have been administered without complaint, our rights na-
tural, civil and political, have been justly regarded, and we have been

. blessed with all those mora] and physical enjoyments which constitute
the sum of human happiness ; encouraged by these considerations,
then, let us proceed on the path of our duties, deteriuined to deserve
a continuance of his favor and protection who rules the destinies of

\ Nations.

In laying before you the condition of the State, with such sugges-
tions of Improvement as appear to me worthy ot legislation, I am
consoled for the knowledge of my own deficiency by the recollection
that you come from every section of our State — are identified with its
various interests — ^are acquainted with its wants and capabilities, and
are as well disposed as qualified to remedy promptly any omission on
my part. The novelty and the imposing magnitude of recent events,
will afford you matter for nmch and serious consideration during the
present session. ^The deranged circulating medium of trade, the

' cramped situation of /Our monetary institutions, and the hew schemes
for the establishmentfof Sub Treasuries by the General Government, /
all demand your anxipus reflection, for they are intimately associated
with the interests of our constituents. Daring a period of profound

^ peace and in the midst of unexampled prosperity and happiness, the
country has been precipitated from her high eiijoyiuents, and plunged
(with no natural causes to explain it) into the abyss of wide spread
ruin and misery.] Although the recuperative energies of a new and
rich country arid of a singularly enterprizing people, have not permit-
ted us to be permanently depressed, yet the lessons of past experience
should not be lost upon us. We should investigate and understand
the causes of these calamities, that we may apply the proper remedies
to prevent their recurrence. We must not continue to float upon a sea
of uncertain experiments. We must settle upon some permanent and

pmetlcal sy jrtem of policy — something defined and well understood ;
else public apprehensiou is kept alive, business is retarded and en-
terprize destroyed. Bear with me then — while with becoming def-
erence 1 endeavor to investigate a subject which my sense of duty
will not permit me to pass by.

The seeds of these disasters I believe were sown, and deeply sown in
1816. Measures were then adopted, from what motive it is not now
necessary to inquire, which have greatly contributed to the misfortunes
of 1836-37. The distresses of 1816 were remarkably similar to those
of more recent occurrence, except that they were more extensive and
severe. We had just emerged from a harrassing and expensive war,
which had greatly increased the public debt — ^had exhausted the re-
sources of the country and inflicted on her citizens extensive pecuniei-
ry injury. The Banks had suspended specie payments — the currency
and exchanges were utterly deranged — confidence was destroyed and
credit paralized : under such circumstances, our soil scarcely free from
the pollution of the enemy, and Congress decides on taxing the people
to discharge the public debt of two wars. For this purpose, the tariff
of duties of 1816 was adjusted and was gradually increased up to
1828, when the Bill so properly denominated "the Bill of abominations"
was passed, establishing a yet higher rate of duties and prospectively
increasing it.

In many instances the tax was so high as absolutely to prohibit the
importation of articles of prime necessity. The war led to the creation
of our domestic manufactories, at the north, which were subsequently
fostered and increased under the auspices of the tariff, and thither we
were driven to purchase at high prices those articles which an exorbi-
tant tariff had expelled from our commerce. Other commodities
which our manufactories were unable to supply, we continued to im-
port, because of their necessity, but burdened with a tax, which never
I believe before in the annals of legislation was exacted from a free
people. Take for instance the tax of nearly 2 cents on iron, 3 to 4
cents on sugar per pound, 20 to 28 cents per bushel on salt, 10 cents per
gallon on molasses, and on all other articles of prime necessity from
30 to 250 per cent., which certainly would never have been submitted
to but for the plausible appeal to the patriotism of the people to pay the
public debt. To regulate aud improve the currency and exchanges,
and to furnish a safe depository for the Public Treasure thus rapidly
accruing, the Bank of the United States was chartered. After strug-
gling with the untoward circumstances which gave it being, it suc-
ceeded at length in realizing the objects of its creation, afforded a cur-
rency and rate of exchange, equal if not superior to any ever enjoyed
by this or any other country, and performed its functions as fiscal
agent of the General Government to the satisfaction of every predeces-
sor of President Jackson.

But the operations of this unnecessary and oppressive Tariff continued
to draw money from the many to the few, and for purposes other than
the current expenses of the Government till 1836. The credit of the
country was stretched to its utmost tension, and every means resorted
to for relief. The distress of 1819 — '20 &. '26 gave fearful warning of
the coming danger ; and but for the liberalit)'^ and wise forbearance of
the Bank of the United States, the crisis would have been much more
calamitous. The relief afforded by the Bank however, was but tem-
porary and fallacious. The cause of ruin was too deeply laid and the
drain continued to do its work silently, insidiously, but surely. The

merchants -were stimulated to increase tlieir importations — speculation
was fostered, and credit extended, with the delusive hope of removing
' embarrassments, originating in a trade burdened and overtaxed, rrhe
Banks lent themselves to the madness of the hour, their circulation was
enlarged, their ability to sustain themselves diminished, and the destruc-
tion of the Bank of the United States completed the work of ruin. But
not only was the period for imposing the Tariff most unpropitious, but
the inducement for so doing (the payment of the public debt) most «n-
^ satisfactory and unwise. We were called upon by no principle of \
i justice, of wisdom or of'patriotism to discharge that debt at that mo- \
I ment. It was a debt created by our two wars, and under peculiar cir- ■
cumstances. We entered the money market as a borrower — young and
with impaired credit. Our institutions new and untried, and their sta- ,
bility often questioned. Capitalists availed themselves of all these dis- /
advantages, and imposed upon us the highest premium for the use of /
their funds. It was a mere money arrangement, necessity on the one /
' hand, and profit on the other, involving no one principle of patriotism
or liberality.

The Reports of the Secretary of the Treasury show that the Govern-
ment was often most usuriously dealt by. We were then under no ob-
I ligation to the public creditor to anticipate his demands, and it surely
' was neither wise, patriotic or just for any object, .short of absolute
1 necessity — thus to oppress an already exhausted and prostrate country.
Considered in a financial point of view, we are still more at a loss to
' understand the unnecessary haste of the Government in paying the
: public debt. A large portion of it bore an interest of 3, 4, 4^ &. 5
I per cent., and money, at the time it was discharged, was worth the full
I legal interest of the country, from 6 to 8 per cent. Drawing money
ifrom the People under such circumstances to pay to capitalists — many
of them foreigners — was a financial operation, the wisdom of which
! may well be questioned. This Tax, thus imposed, and thus collected
and disbursed, from the many to the few, soon again sought investments
1 in stocks — in Factories, in Bonds of Merchants and speculators, at an
I interest of from 6 to 8 per cent. A very small portion however, found
i its way to the South. The high rate of interest in INew York, and her
1 great natural and factitious advantages for trade and commerce, present-
ed attractions which we of this section could not boast, and most of the
1 investments concentrated at that point.

It may not be unprofitable, and it is certainly interesting, to examine
\kiT a moment, the enormous amount collected from the people in twen-
jtjy (20) years by the demands of the Federal Government:

Say Public Debt in 1816 - - - - $ 120,000,000
Interest on half as reduced at 5 per cent, - $ 60,000,000

Surplus - - $41,00,000

20 years support of Gov'nt. at 15 millions per year $ 300,000,000
Showing the extraordinary sum of - - $521,000,000

; subtracted from the earnings of industry in 20 years to pay the Public
Debt and interest ; support the General Government and create a sur-
plus. I have dealt in round numbers without regard to fractions. It
is sufficiently accurate for my purpose, which is merely to exhibit the
astounding amount of Taxes which is levied on the consumers of for-
eign merchandize, besides the extra amount paid on goods expelled
from our market by the Tariff, which we had to obtain from manufac-
tories of this country.

This disposition of this money in seeking the new inTcstments to

which I have alluded, added to a large line of discounts by the various
Banks, urged and stimulated to improvident expansions, gave a show
of business and prosperity, unparrallelied in our country. But it was
hollow and fallacious. The people had been drained, weakened and
impoverished by taxation, and they were unable to withstand the reac-
tion which awaited them.

President Jackson made a systematic attack upon the credit system.
He declared "that all who trade upon borrowed capital ought to break."
He attacked and put down the Bank of the United States, and cast dis-
trust and odium upon the issues of all Banks by his circular, requiring
the payment for lands in specie. This gave warning to merchants,
Bankers and capitalists, who with the instinct of sell preservation trim-
med their sails to the coming storm — husbanded their resources — called
in their means, and reaction and ruin commenced. The Public Treasure
had been deposited witli a few of the local Banks ; and with the hope of
healing the wounds which he had inflicted upon the commerce and
credit of the country, the President determined on the Pet Bank system.
This he promised should answer all the purposes of the Bank of the
United States, unattended with its evils and dangers. While the de-
posites continued to accumulate, these promises seemed in the way of
fulfilment, and the President congratulated the public on his complete
success ; yet the!^action went on — a wound had been given to public
confidence which the healing powers of the President could not reach.
Produce was pressed into market and the price declined — Stocks went
down — property changed hands at reduced prices— the Banks curtailed,
and in turn were pressed for the payment of their debts — the deposites
were withdrawn — a further curtailment was necessary — no hope of re-
lief remained — confidence was destroyed — business paralized, and sus-
pension followed with all its train of bankruptcy and ruin. The local
banks in their turn were discarded and denounced as unworthy the
confidence of the Government or people.

Thus have terminated a series of ill digested and pernicious experi-
ments—a vacillating policy of wretched experiments, taxing to pay off
the public debt and to protect home manufactures. Establishing a
Bank of the United States at one moment and putting it down as un-
constitutional at the next — creating a high protective Tariff to-day
and destroying it to-morrow — collecting a surplus revenue from the
wants of the people, patronizing, caressing and stimulating into mad-
ness and folly the Banks of the States, then denouncing them for fail-
ing to accomplish what no rational being could have expected. They
could not regulate the exchanges, and it was equal folly to expect that
they could withstand the shock, which a flood of circumstances, be-
yond their control, drove upon them. They were compelled to sus-
pend payments until time placed another crop in market to remit the
balances of European creditors and to repair losses at home.

My confidence in our local Banks is not impaired. They have
suffered with the country generally — been unfortunate — perhaps im-
prudent— but they are the arms of our credit system, and with the im-
provements and limitations which experience has suggested, they are
essential to us, and ought to be sustained. The Banks of this State,
from a comparative examination of their condition with the Institu-
tions of the other States, stood at the period of suspension, in a very
favorable position, and T was impressed with the opinion that they, if
any, could have sustained their payments throughout the pressure.
Bat their able managers, who knew their situeatioii best believed other

wise, and they followed the general example. They have again, with
laudable alacrity, followed in the resumption, and now meet their pay-
ments in specie.

Soon after the suspension of the Banks, the Legislatures of several
States were convened to arrest, if possible, the downward course of
things ; and to afford such relief as circumstances might demand ; un-
der such respectable examples, and at the suggestion of many respecta-
ble citizens, I deemed it due to the people to summon the Council of
State to advise with me as to the course which it would be best to pur-
sue, after viewing the situation of the Banks, and the wants of the com-
munity— a convention of the General Assembly was not deemed neces-
sary. It was believed that no assistance could be afforded these insti-
tutions, consistent with the rights of the people, and that ample pro-
tection was afforded the community by the penal clause of the charters,
allowing twelve per cent, interest, on refusing to redeem their notes.

The sympathy of our citizens with the sufferers of the times, even to
the hunted Banks, is strong evidence of their liberality, forbearance
and right-mindedness. Demands were seldom made, and of very in-
considerable amount. Few were found, Shylock-like, to require the
pound of flesh — for the position of the Banks was looked upon as a
calamity, rather than a crime.

The Bank of the United States having been put down by one
President, and pronounced unconstitutional by the present incumbent ;
the local Banks having been denounced and discarded, no alternative,
unfortunately, is left the President, but to devise some new system as
the fiscal organ of the government. This has been announced to the
public under the imposing title of the " Independent Treasury," and
has twice been recommended to Congress; and as often rejected by
that body, though composed of a majority of his partizans. They had
the best sources of information, and ample opportunities to investigate
the subject fully. It has certainly been very elaborately discussed at
two sessions, and rejected under circumstances which would seem to
demand the acquiescence of every republican, who holds the doctrine
that a majority ought to rule. But it is not submitted to. Every ex-
ertion has been made, and is still making by the immense influence of
Executive patronage to reverse this twice decided question. An ap-
peal has been made to the people. The subject has been carried
into our state elections, and the public mind vexed with it from the
elections of our constables to that of the Executive. It has been made
the test of democracy itself. Grave Senators and honorable Repre-
sentatives have taken the stump at elections, at barbacues and dinner
tables, in defence of it. The cupidity of creditors has been appealed
to in support of it. They have been invited by the Secretary of the
Treasury to protest his own drafts on the Banks when specie was re-
fused, in order to make them equivalent to specie, and available in the
market, at a high premium, to pay custom-house duties. The gov-
ernment has been dishonored by her own officers for a petty reward
of profit on the salaries they are receiving from her bounty. The
honorable members of Congress were profiered specie, by a circular of
the Secretary, to pay their compensation. With such inducements,
incentives and appeals, we would not be astonished to see the new
device become the law of the land, against the dispassionate wishes of
the people.

I understand the " Independent Treasury" to mean, — reduced to its
naked proportions — the appointment of new agents by the government,

whose duty it will be to receive the public dues from the people in
gold and silver only. Keep it in safes and vaults and pay it out to
the salaried officers and others, in coin only, rejecting the use of Banks
as depositories, and their notes as a medium of payment, whether con-
vertible into specie or not.

This measure 1 consider wrong in principle. No State government
would be sustained in exacting from the people coin only in the pay-
ment of taxes, land sales and entries ; nor would individuals be toler-
ated in a course so odious and oppressive.

The employment of gold and silver only in all transactions between
the government and people, if practicable at all, would be inconveni-
ent and expensive. But the impracticabihty of conducting the busi-
ness of the country with a specie currency only, is not desired. We
must then necessarily have a mixed currency of specie and Bank notes.
The one according to the " Independent Treasury" doctrine for the
government, and the other for the people, and they must come in con-
flict. The refusal of the government to receive the people's currency,
must depreciate it, or produce a constant drain upon the Banks, which
must destroy their usefulness.

On the score of safety, the " Independent Treasury" is to me parti-
cularly objectionable. Few of us are ignorant that the officers of the
United States are appointed more frequently from political considera-
tions, than from intrinsic merit, and too frequently from noisy dema-
gogues, who are always the most forward and pertinacious applicants
for office. The deposits in the local Banks must, from their nature,
be more secure than with such officers. They are guranteed by the
capital of the Bank, and the watchful eye of self-interest, is perpetually
upon them. I speak chiefly in reference to the officers and the man-
agement of the Banks of this State, and from personal knowledge,
and am very certain, that no sub-treasury can be organized, with which
I would so confidently entrust my personal funds, as with our Banks.

But this sub-treasury scheme must increase the number of officers,
and the patronage of the general gevernment, already swollen beyond
all proper limits. I have an insuperable objection to seeing the agents
©f the government spread over the States, with the control of money, or
power of any kind, to operate on our habits, manners and feelings, or
to influence our elective franchise. We have already a mint without
coin — an arsenal without need — collectors, and hosts of custom-house
officers at all our ports of entry, and post masters like the locusts of
Egypt. They form a phalanx which no patriot can contemplate with-
out just apprehension, or think of increasing without dismay.

Some advocate the scheme, because in its operation it will be hostile
to the local Banks, and that in their natures they are antagonistical,
and cannot exist together. Are we prepared for the destruction of our
Banks, and with them of our trade and enterprize ? Are we willing
to witness a reduction in the value of our property, of one half or
more ? Destroy our Banks and we will witness this, or the humiliat-
ing alternative of being sustained by foreign capital.

We are told that the Independent Treasury will relieve the South
from the shackles of Northern trade — enable her to establish a direct
intercourse with foreign countries — build up her markets — and unite
the whole South in trade, interest and feeling. Nothing surely was
ever more fallacious. Did its Northern 'projectors originate it with
this view, or do they now sustain it upon such motives ? Hardly,
gentlemen.

These shackles of Northern trade of which we liaVQ latterly heai'd so
much, proceed from causes not so easily overcome. The North is
much mdebted to her natural advantages, but she owes more to the lib-
eral employment of the credit system. This enabled her at an early
period to commence a generous rivalry with European commerce and
manufactures. This furnished her the means of sliip-building — called
her manufactories into being — improved her navigation— and construct-
ed her roads and canals. These improvements soon reacted upon in-
dustry— gave facilities to the farmer^ — encouragement to the mechanic
— and employment to labor of every description. These objects (ex-
cept commerce) were greatly fostered by the war, subsequently by the
tariff, and afterwards by the money thrown into her circulation by the
payment of the public debt.

Our course was vastly different ; our energies were directed to the
great pursuits of agricultural life. Always fearful of over-banking we
employed the credit system for no valuable improvement. Our trade
was originally mostly with Europe. TheSp^^e shipped our products
and received in return manufactured goods to supply all our wants.—
Gradually, however, our trade began to be transferred to the North. —
We began to find that there we could meet with foreign goods, import-
ed in Northern vessels and by northern capital, which, added to their
own manufactures of greater extent and variety, and actually cheaper
in price than we had been importing directly, because they better un-
derstood the wants of our trade, had spare capital and could adapt a
small assortment to our convenience. Hence the transfer, but the
North also consumes largely of our raw material, which renders the
trade reciprocally beneficial to us.

Our merchants are a calculating and pains taking class, depend on
it, they have made their calculations in figures and find their profit in
a Northern over a direct European trade, or the present state of things
had never existed.

The city of New York possesses natural advantages so greatly supe-
rior to any other port in the United States, that she has not only the
trade of the South but of nearly all the Northern and Eastern States, in
a greater or less degree.

\ To build up home markets is certainly highly desirable and of pri-
mary importance, but it cannot be effected by conventions. Their col-
lected wisdom may devise the means, but they must be such means as
have heretofore produced the same results. Such as have enabled the
North to compete with Europe. We must extend the credit system ;
afford the means to erect manufactories, to build ships, to improve our
navigation, open canals and construct turnpikes and railways, to im-
prove and use our water power, and to work the mines of ores and min-
erals with which our State so richly abounds ; and we must do what is
of paramount importance, erect Seminaries of education, to qualify our
children the better to improve our natural advantages, to keep the chil-
dren of the rich at home and avoid the extravagant expense and the un-
congenial habits which they acquire abroad. We must encourage our
own mechanics and import nothing that we can make at home, and,
finally, we must do as our brethren of the North do, stay at home our-
selves, except when profit or business takes us abroad, and cease to

! spend our time in idleness and extravagance.

We should forbear to cultivate sectional and geographical feelings.
There is danger in it. It is enough to keep the line of rights and at-

I tachments between the State and General Governments separate and

distinct. The object of our compact was trade, friendly intercourse
and strength of numbers ; and I should learn with regret the incipi-
ency of any measure that would tend to plant a bitter rivalry or angry
alienation between the North and South. We have but one peculiar
)Southern interest to guard, and that is sufficient to bind us together
v/ith chains of adamant. We look with confidence to the Constitution
for protection there, and when that fails, the South as one man will know
how to protect herself

A circulating medium of uniform value, and in sufficient amount, is
the great desideratum of our extensive and enterprising confederacy.
It is the life blood of the various branches of our spreading industry,
of our agriculture, commerce, trade, manufactures and internal im-
"V provements of every description ; and is rendered more essential to our

welfare by the extent of our Union, the variety of our soil and climate,
and of our people differing almost as much in wants, habits and man-
ners. This all important circulation I apprehend cannot be supplied
without the credit and pr^ection of the Federal Government, exerted
either directly in the establishment of a National Bank,- or indirectly
under proper regulations in favor of the Banks of the State.

The people very wisely gave to Congress the power " to coin money,
regulate the value thereof, and of foreign coin, and to fix the standard
of weights and measures." But it would not be more unreasonable to
restrict the country to the identical weights and measures furhished by
the government, though they afforded not one-tenth the supply required,
than it would be to limit it to the use of the cAin thus regulated for
the receipts and disbursements of the general government, if it was
right to do so, the government should feel itself bound to furnish suffi-
cient supplies both for its own and the people's uses.

The leading design of these grants to Congress, was to render what
was before irregular, uncertain and deranged — certain, defined and uni-
form ; otherwise there could be no precisionj no uniformity,' and but
little justice in the collection of taxes and duties in the various sections
of the Union. But the grant "to regulate commerce with foreign
powers xDith the States and Indian tribes," indicates very strongly the
intention of the framers of the constitution upon this subject, and their
sense of the necessity and propriety of regulating the currency, be it
what it may.

A National Bank being considered unconstitutional by the present
chief magistrate, cannot of course, be established during his term of
office, unless a constitutional majority can be obtained to control the
veto power, of vv^hich, I confess, I entertain no hope. The necessities
of the country have twice called such an institution into being, and
under the auspices of our mOst enlightened and patriotic statesmen,
ttnd it fully realized the expectations of its friends, and supplied the
Wants of the country. Still it has been made the stalking horse of the
demagogue, and made to bear upon all our elections, from the elevated
chief ^magistrate to the constable ! and yet so impressed was the coun-
try with its utility and necessity, that despite the popularity of the
late President, who was opposed to it, it was re-chartered by Congress
by decided majorities, and fella victim to the veto power. The consti-
tutionality of its establishment seems to be a question never to be settled,
and if the scenes of its re -charter are always to be acted over, and the
public mind excited and disturbed by the misrepresentations and agita-
tions of corrupt partizans, it may well be questioned whether the ad-
vantages of such an institution, highly as I might value them, are not

counter vailixl, by the improper uses to which its enemies basely pros-
titute it. Under such circumstances, with no national currency, and
our exchanges deranged, with no liopc of action by the general gov-
ernment, it becomes our duty to search out a substitute for the National
Bank. ^^<^

My preferences are with the Banks of the States ; and I ask your \
attention, and your candid consideration of my reasons. Their per-
manency is an important recommendation. The first chartered Banks
in the country, are yet in existence and in good credit, and no one,
within my kuowledge, of respectable standing has ever been refused
a re-charter, when applied for. National politics have never entered
into their management, and their contractions and expansions can
never effect the business of the country, like a National Bank of large
capital, ramifying into many States. A considerable reformation, alte-
ration and improvement would be necessary, however, in order to
make the local Banks meet my views. They are at present too numer-
ous— their capitals, generally, too small, and the variety of their not(^s
so great, that it is almost impossible to fix upon the memory, the chai-
acters of the signatures and vignettes, so as to avoid the danger «f
forgeries. Some of their locations are inconvenient as depositories, it ^
will inevitably lead to rivalry and dissatisfaction, jealousies, atyi moie
than all, to a depreciation of the issuses of the rejected Banks./ I pio-
pose then, that our State lead the way in the reform of our Banking
system, and respectfully recommend the chartering of a Bank with a
capital of ten millions of dollars, allowing the existing Banks to sub
scribe all their capital stock into it. The remaining stock to be takt^n
by individuals ; into the details of which, it is not now necessary to enl er.

The State to transfer all its stock and funds to the Bank, and to ofier
its services to the Federal Government as a depository of its fund ; tliu
safety and forthcoming of which in the kind of money deposited, to bo
guaranteed by the State in such manner as shall be satisfactory to the
General Government, and in the event of the Bank being unable to meet
the payment of the deposits of the General Government, the State; t,)
issue stock for the amount in favor of the Government, bearing 5 \)vv
cent, interest until the Bank is able to resume payment. For these
services rendered to the General Government — the notes issued by the
Bank to bs received in payment of all its dues, and on the further condi-
tion that the other States prepare their Banks in like manner, and for
like purposes, namely. That each State and Territory sliall designate
by law one Bank, and more if its trade and necessities require it. of ca] i-
tals not exceeding ten, nor less than two millions of Dollars, as its own
depository and the depository of the General Government, f.nd ii i e-
quested by the President of the United States other Banks for that pur-
pose ; a second Bank however in no case to be chartered or design aled
until the capital of the first, which shall be the maximum amount, shall
be entirely taken and so on to third, fourth and fifth, when necesi'aiy.
The notes of all the Banks thus made depositories, to be engraved on
similar paper and to resemble each other as nearly as possible, l-^nch
State shall designate fo Congress the particular Bank tendered as ade-
pository, and the acceptance by the General Government shall he un-
der an act of Congress, and all their intercourse regulated by law. If
any State refuses or neglects to come into the arrangement the money
/collected in such State by the General Government shall be transferred
to a depository of some other State, nor shall the money collected in the
r,efa<5ijig State be received in any thing but coin.

Thus fostered — sustained and patronized by the General Ooverix.
m^nt and guarded by the su}Dervisory power of the States which guar-
anteed their fideUty, these institutions, I have no doubt, would afford as
near an uniformity of currency and of exchange as by any possibility
can be arrived at.

Under such high sanctions too, capitalists would be induced to invest
their funds in such stocks with alacrity and confidence. And the notes
of these Institutions from the credit reflected on them would circulate so
freely and extensively as to enable them to supply the amounts neces-
sary for all the legitimate uses of the country.

An increase of banking capital in our own State is certainly neces-
sary to meet the wants of industry,, and to perfect the works of improve-
ment already commenced, to say nothing of other works equally neces-
sary to be made. But unless some arrangement can be effected to con-
vert the unnatural hostility of the Generaf Government into favor to the
State banking institutions, you may charter Banks, but capitalists will
not be induced to hazard their means in the stock.

To borrow money, as some of the States have done, in order to fur-
nish capital for their Banks, is idle. If the Sub-Treasury is establish-
ed, bank notes instantly become discredited, or their sphere of useful-
ness is made so limited that they will find it hazardous if not impracti-
cable to loan out more than their capital, and their profits will be insuf-
ficient to sustain them. The suggestions I have made to you, are the
results of an anxious reflection upon an intricate and all important sub-
ject, and it affords the only probable outlet which has occurred to me
of extrication from our financial difficulties. I have attempted nothing
more than a general outline of the plan ; its details, should you deem
it worthy your consideration, can be arranged at your convenience. —
The subject is so important, that I must crave a few moments indul-
gence in making a further brief illustration of it. I have said that the
intercourse between the Banks and General Government must be reg-
ulated by law. There must be no controlling or discretionary power
in the officers of either Government. We have already seen our insti-
tutions seduced into measures, for which they were subsequently con-
demned by the authors of their errors. The States all have, this State
at least has, a deep pecuniary stake in two of her Banks and a yet high-
er interest in all, in the character they sustain, and in the facilities they
aftbrd the farmer in selling and the merchant in purchasing commodi-
ties, and we must not allow them to become the sport or the victim of
any power. They hold their rights under the same sacred guaranties
by which our lands and other property is held, and any invasion of
them should be promptly and indignantly resisted. They must not be
made the tools of party or the victims of demagogues, and hence I
would have their intercourse with the Government strictly regulated
by statute.

I have limited the capitals of these Banks at not less than two nor
more than ten millions of dollars. No State or Territory will require
less than the minimum and few should exceed the maximum amount.
The one is large enough to insure respectability and usefulness. The
other could not exert such power by contraction or expansion of its
discounts as seriously to affect the business of the country, or the value
of property; and guarded and restricted, as I have proposed, there
could be no danger to liberty or the Union.

The responsibility of the States is proposed in order to afford the
most unquestioned security to the depositors and note holders, and to

remove all distrust front the General Government that it may embrace
the proposition at once and set this distracting question forever at rest.
The States would incur no hazard in their guaranties as no Bank of
respectable size has ever failed to pay deposites and issues, however
their stockholders may have fared. But the State is to retain the su-
pervising power, and may so exercise it as to make her security as per-
fect as she desires. In cases of emergency we have seen several of
the States promptly coming forward (as they should do when any im-
portant interest is involved,) to the relief of their Banks by the loan of
their credit and funds. Prevention, however, is better than cure, and
the plan proposed, will, I think, obviate the catastrophe. The guaran-
ty having been given, the issuing of the stock merely points out the
mode of settlement in case of failure, and after all it is but a financial
arrangement, giving time to the Banks to wind up their affairs, if ne-
cessary, and protecting the people from a rapid and ruinous pressure in
the collection of their debts.

The large size of these institutions and the enhanced value -of their
issues would soon drive out of circulation the notes of the lesser Banks
and compel them to wind up by limiting their circulation and return-
ing it on them for specie. So that in the end the great evil of number-
less small Banks with insufficient capital, would be remedied, and the
whole number of banking institutions in the country would not exceed
that of the United States'Bank and its branches. The use of similar
kind of notes and the issuing them only from the principal Banks would
impress them upon the memory — render the signatures and general
character of the bills as well known as those of the late United States
Bank and thus facilitate their circulation, and diminish the chances of
forgeries.

The receivability of these notes in all the dues of the General Gov-
ernment, throughout the Union, would render it the interest of the
Banks to keep exchanges at fair rates, to prevent the collection and
accumulation of their notes in large masses at points where trade has a
tendency to concentrate, and the States may interpose statutes (in the
stead of competition) to guard against over issues. Indeed, the sphere
of competition, if there be any good in it, will only be enlarged. In •
stead of the several Banks of the same State vieing with and harrassing
each other, the rivalrywill be between the Banks of the different States;
and they will more effectually and uniformly keep each other in check
and order, whilst at home^ we will have the full use and concentrated
vigor of all our capital .

A serious objection urged against a Bank of the United States was
the large amount of money wielded by one set of men, enabling them
to contract or expand the currency, and then to operate upon the bu-
siness and politics of the country. This objection, in my estimation,
holds much more stronafly ajjainst the Mammoth Institutions now be-
coming common at the North and free of the restraints I have proposed.
The Ba>ik of the United States was responsible to and controlled by
Congress for her acts in all the States. But these institutions holditig
charters from the States can only be controlled by the power from
which they derived their being, and this power will never be exerted
except for acts injurious to thei^' own citizens and improper within their
own limits. Bsyond their limits, in other States they are almost irre-
sponsible, and their conduct will be marked by the wai-rton tibuses oi
the most Unrestrained despotism. If you require illustration, turn to
the PciiJisvlvania Bank of the United States dcihng in cotton ajjd local

Bank stocks, appropriating almost exclusively the trade of the great sta-
^5les of the country. Pemisylvania either could not, or would not con-
trol her; and without some further restraint than that of the States,
we will again see the legitimate business of our merchants wrested
from them and the country driven to deal in a depreciated currency,
and the occupation of the merchants superceded by the agents of the
Bank.

If facts were necessary to demonstrate to you our urgent need of
more Bank capital, I would direct your attention to the European mar-
kets, overrun with our applications for loans. I would ask you to com-
pare the amounts profitably employed by our sister States, possessing
natural advantages requiring improvement, infinitely inferior to our
own, with the amounts employed by us. New York a little short of
our Territorial extent in 1790 had less number of inhabitants, she a-
dopted the use of Banks, and we did not, for a number of years. In
ISOO she surpassed us in population, she increased her Banks commen-
surately to her wants and improvements, we did not, and she now num-
bers three times our population. Besides other and valuable improve-
ments she has finished — commenced and chartered canals and Rail Rads
3833 miles — costs nearly ninety millions of Dollars. For a more par-
ticular exposition of the advantages derived by that State from her ap-
propriations for Internal Improvements, I submit to you the documents
marked C. and D., Reports of committees to the Legislature of that
State, communicated to me in my Executive capacity.

For the benefit and protection which this Bank will enjoy from the
State, it should make a subscription to the Yadkin and Fayetteville
Rail Road stock of a half million of Dollars.

Agriculture as the basis and support of all other interests is the most
important, and merits your most deliberate consideration. The landed
property of our State is held in too light estimation, and our attachments
to the soil hangs too losely about us. The places of our birth and ear-
ly recollections — the theatres of our manly struggles, and mature asso-
ciations ; the very grave yards of our fathers inspire no abiding attach-
ments, but are sold and transferred with less emotion than are tire brutes
that graze upon them. Prematurely worne out by a loose and ruinous
system of culture, our lands are parted from, without regret, and seldom
descend to the third generation.

This indifference arises, no doubt in part, from the abundance of our
land and temptation presented by richer soils in climates more congenial
to the favorite production of the day. Cotton. But in a greater degree
to our laws, affording to this primary and paramount interest, no prefer-
ences or advantages over others. It is your duty as Legislators to in-
vestigate tile causes and to provide the remedies if in your power.

Might not this end be attained, (in part at least) by securing to every
family in proportion to their number, certain portions of land immedi-
ately around and including their dwellings against all claims — subject
during the life of the owner, widow or unmarried daughter, to their
control and support, and afterwards to decend to the eldest married
child, who has offspring, and so on forever. Liable however to be
sold at all times by the proprietor with the consent of his wife. By
this means an asylum would be afforded under every contingency for
the family ; and widows and orphans, shielded from tlie degradations
and sufferings of want. Owners of estates would here find induce-
inents for syistar^atic and permanent improvement — emigrants to pur-

chase and locate among ns, filling up our too sparce population and
enhancing the value of our too depreciated soil.

Much may doubtless be effected by an improved s^^stemof husbandry,
under proper stimulants and inducements ; if we turn for a moment to
tlie improvements successfully achieved in Massachusetts with deci-
dedly inferior climate and soil, our doubts will be removed. She
greatly outstrips us in our peculiar interests. In proof of which, allow
me to refer you to an agricultural survey recently made in that State,
marked B. and so valuable in my estimation as to induce me to recom-
mend that a similar survey be authorized in our State.

But gentlemen, it is only to a liberal and well digested system of In-
ternal Improvement that we can look for the regulation and permanent
prosperit5r of our State. Our tovv^ns are small, our markets distant and
difficult of access — our water courses for purposes of navigation, na-
turally indifferent and wanting improvement, whilst our infant manu-
factories are struggling for existance against the matured and mighty
workshops of Europe and New England. We have no branch of en-
terprize sufficiently advanced and powerful to render assistance to an-
other. It is in truth the race of imbecility and poverty— the waste of
noble energies in detached and single hajided enterprizes. Furnish but
capital, and means of Improvement, combine all our resources, and di-
rect them judiciously to the developement of our advantages, and you
will find that we have the materials of a great and \vealthy State. Our
water courses are incomparable for propelling machinery. The earth
teems with inexhanstible mines of rich ores and minerals, and our pop-
ulation characterized by industry, prudence and economy. But tempt-
ation is around them, the stimulants to emigration are almost ir-
resistible.

Most of our sister States are engaged in magnificient schemes of im-
provement, offering high wages to the mechanic and laborer, whilst
the South- West invites the Farmer with her fertile paradise. Have
we then any hope, any alternative bat in a continued and vigorous ef-
fort at general improvement ? We must amelitirate the condition of
our people, and we must stimulate their home enterprizes or be content
to lose with their wealth our better population. The system of im-
provements adopted by our lust Legislature has given employment to
many, and a show of activity and business producing a most happy
tendency. I believe it is only necessary to push forward these works
and to originate others equally and obviously necessary to change the
whole face of affairs, and give a new character to the State.

In April of last year, the Wilmington and Raleigh Rail Road
Company applied, agreeably tt) law, for the suhsciij)tion of the State
of 2-5 of its capitoi. This suhscription was made by the Board
of Internal Improvements and the first instalment was paid. Since
that period two otiier instalments, the last in the past month of Oc-
tober have been claimed and paid, making the total sum of four
huiulred and fifty thousand dollars, paid by the State and on the
part of individual subscription five hundred and sixty six thousatul
five hundred and eighty-seven dollars and fifty cents. I will here
take occasion to remark, that by the law as it now stands it will be
difficult for tlie company, without acting with great harshness to-
Avai-ds some of their individual subscribers, to claim the fourth in-
.stalment from the State. The law lequires that individual sub-
scribers shall first j)ay thrir instalments of 25 per cent, before the
company can claim the samp instalment from the State. As a mat-

for (if caution, to prcvpiit the use of the State's fiiii(l« Nvlllinut a
faithful ])ayujpiit o;i the part of iutlividuals, the rule might well be
ap])lie(l 1o one or even to two iustahnents, hut it would seem to be
more just that the j)ayniciits should he made *'pari passu. " The
rom])aiiy however have roUerted 75 per cent, of the stock. Tlie
colleclloii of the last instalment from individual subscribers, must
necessarily be attnidcd with Increased difficulty; and if even one
share remains utij)ai(l the company cannot claim that instalment of
the Slate, which may embarrass the company and check the pro-
gress of the work. Many cases may arise wliere it would be un-
just and exceedingly unpleasant to enforce ])ayments from indivi-
duals who had faithfully paid up 75 percent, citliei- by a sacrifice
of the stock or of other ])i-opei*ty, and the company will certainly
he driven to this alternati\ e, w hi( h I am pursuaded w as neither the
wish nor the intention of the State, without further legislative ac-
tion. I would recommend therefore, as an act of justice, the passage
of a Resolution instiucting tlie Board of Internal Improvements to
jiay over forthwith to thecomj)any, the fourth instalment out of any
funds in tlieir hands.

In patiMMiizing this work, it was ])rcsnmed that the General As-
sembly intendi'd to be governed by jirinciples of justice and libeial-
ity. And it is upon these jirinciples that the Board of Inlenral Ini-
])ro>cments have regu!ale<l their interc(nirse with the company. —
The woik has been prosecuted with untiring vigor. Ninety miles
of the road are now in use and continued by stages and steau) boats
of the best description, so as to afford an admirable loute of trav^
el ling from the Roanoke to Charleston. The i'emaindei'of thei'oad
is under contract and will be completed next year.

The other roads w hich were jirojected, and lor which the Genc-
J'al Assembly consented to subscribe a like projiortion of the ca|)i-
tal, ha\c made no a})plication for the Stale's subscription. The
jcason has nevei- been C(»mmunicated to the Board of Internal
Improvements, nor to the Executi\c. It may be found, however,
1 prestime, in the inability of the companies to fill up the subscrij)-
tions to the requited amount, although to one a considerable sub-
scription was made. To the other, jierhaps nothing.

Doubtless tlie citizens on the route of the Cape Fear and Yad-
kin Road, and those interested in its accom|)lishment, strained
v\QVY nerve to bring about so desirable a cotisummation, and
though not successfully, still the merits of the route are not impair-
ed, and the interest of the State, and particularly of Its western
section, demand, imperiously, its completion, to connect that rich
ami valuable interior with a market, and a sea j)ort within our own
Slate. At my paiticular rerjuest. Major McNiell, the chief engineer,
who surveyed tlie routes of the Cape Fear and Yadkin Road, favor-
ed me with a sigiit of hisre|)ort, which proved not only tlic j)i-acti-
cabilily of conslructing tlie j'oad, but at a cost which can be i-emu-
nerated to the ])ro|)rietors. I would, llierefoi-e, recomnjend a re-
newal of the (^barter, imjjowering the Board of Internal Imj)rove-
ments to subscribe on the jiart of the State> for three-fifths, or even
if necessary, tliree-fonrihs of the stock, so as to insure the accom-
))lishment of the wurk. Nay — so important do I consider it, that I
had said f(jr all the stock, if necessary, but lor the |)aramount ne-
cessity of associating with the State, interested and judicious citi-
zois to superlntciu! the detail!-;, and attend to the execution ol" the!

w(wk, wliicli is ccitaiiitj within the means of the State, pro-
bably without the noccssity of borrowing. Slioiild the Bank to
which [ have referi-ed, be put in operation, and nmkt* to this road
the siibscripiion of half a million dollitrs, and shonld the fourth
instalmrnt of the snrjdu^ be rorcivod in Junnary next, whicjj i^
]»robable, as the law dirocting tln> distrihution has not been repeal-
ed, amounting to S477,919 13 rents, wilii the pi-orccds of the sales
of the Cher(»kee lands, say S350.000 heing ajjpiopriated to this
purpose, with what individual subscription may be obtained, the
fumls would he proviile*!. It appeai-s to me as a matter of right and
justice, to give the proceeds of the Clierokee land sales to opening a
communication to that section of the State whence they have been
deri\e(l.

There are other works of no less importance, in which I had
almost said the salvation of the State refpiires that slie should
jiromptly ami vigorously engage. On our west an eflort is making
by South Carolina to cross our State by a rail w ay, to secure to
Charleston the proiUice of that fertile region, whilst the estal)li.sh-
meiitof her South Western Bank — with a Branch in our limits, not
only insures the success of the first enterprize, hut by superceding
the circjilalion of our Banks, tlestro}S our currency, and controls
our credit system. The language of the friends of this Twelve
Million Bank, is "that it will be to tlie South Western States iu
curiency and exchangt'S, what the Bank of the United States was
to the Union." Should South Carolina succeed in carrying out her
views as to the cuirency, and as to a South Western Confederacy
(or league) our fears cannot be bounded by meie pecuniary loss.
\Ve should be driven to trade with Charleston, ami to cherish sec-
lional feelings until our attachments to the Union itself would be-
come impaired. We cannot serve two masters with equal fidelity
_ and attachment. Sliould no counteracting measures be a(lo|)ted on
, our part, I should fear that she would succeed both in directing
our trade and superseding our currency.

■- The Bank I have proposed would remove the latter apprehension,
land to remedy the former, I would respectfully propose the con-
struction of a Rail Road from the head of tide water on the Cape
IFeai* River, commencing in Bladen count)', running west and flank-
jing South Carolina as near as possible, passing through Robeson,
IRichmond, Anson, Mecklenburg, Lincoln, and into Rutherford,
and if experience justifies it, further still, into Tennessee, and to
the shores of the Mississippi.

This road would intercept the produce made on the north^of 'its
line — draw no inconsiderable quantity from the contiguous dijitricts
of South Carolina, and deliver it to a market of our own on the
'Cape Fear. The travel on this road I have no doubt would bo
considerable. Persons on the Louisville, Cincinnati and Charles-
ton road, bound m)rth, would unquestionably take this route, avoid-
ing thereby two hundred miles of travel, and a sea voyage. The
country, from the Ctyie Fear to Rockingham in Richmond county,
on the Peedce some eighty-five or ninety miles, presents the best
'facilities for a rail road of any in the States. Its surface is level,
..and abounds in timber of the first quality — there is but one stream
ito cross — Lumber river—and that of no magnitude, in the route.

This road would be of immense importance to Wilmington on
Ithe Cape Fear, already one of the best markets in the world for

lombcr, and fop fiirnisltiiig cargoes of naval stores, a(laj)ted to tlia'
West India niaikcts. The return cargoes of West India produce,;
rednn<lant for tlie hitherto demand, would furnisii supplies to the in-
terior o«i the best terms.

The Ca|)e Fear River is navigable for any size crafts t(» the
pf>int indicated as the starting point of the Rail Ruad, and below
ArVilmington as far as the outlets to the ocean, has been and is now
greatly improving under the o|)crations of tlie United States. Its
depth, breadth and sti'aitness have all been increased, and it now
affords full thirteen feet of water on its worst shoal, which is pro-
gressirely deepening. The new inlet bar, it is confirlently believed
from observations upon it, is caj);ible of beini; leadily and perma-
nently improved, and as this comes within the ackiM)wledged pro-
vince of the Federal Government, it is hoped she will take speedy
and efiectual measures for the accomplishment of so important a
work to a State that has asked and received so little at her hands.

Im|)rovcment in the eastern section of the Slate also demands our
consideiation in an equal, if not superior degree. The whole Al-
bemarle country embra("ing some 20 counties has a (huigerous anil
inadequate outlet, and for this reason has been diiven to trade with
Virginia l)y the use of her rail and othei- roads, and of one of the
most inconveniently located canals ])>)ssible. The small vessels
which navigate tlie water courses of tliis section of country, are
compelled to seek an outlet at Ocracoke, some 100 to 200 miles
south, when theii* <lestination geneially is nor-th.

Col. KeaiMiey, United States Engineer, who has recently had
charge of a survey of that ccninty, reports tliat Ocracoke inlet is
closing, and expresses a belief that ere long it will close entirely. lu
which event vessels will be compelled to seek an outlet still farther
smith, through the soumi at Beaufort. This of course will throw «»ur
trade to a still greater extent into the markets of Virginia. Can we
submit to this ?

This section is composed of lands of the highest natural fertility,
but it is so level, that to render it fit for cultivaiion, it requires tlie
most expensive ditching and canaling. This defect in a country
where land so much abounds and cai)ital is so limited, has been the
cause of its neglect.

The difficulty of tlie navigation of the Sound and of the outlet t«»
the ocean is no doubt a superadded cause, but, remove these ; and
there is no doubt, that these lamis will become the garden spot of
the State, instead of a wilderness of worthless land and a fertile
source of pestilence and disease.

Nagshead, at the foot of the Albemarle Sound, seems designed by-
nature for the outlet. It is formed by a very narrow strip of beach,
which divides the sound from the ocean, and which is of very littfe
elevation above higli water mark. It has often been surveyed by
XQvy distinguished engineers, and for the practicability of opening
it, I beg to refer to their reports. The vei*y circumstance of its
having been so often surveyed, and so often alluded to as tlie subject
of improvemetit, ])roves the value and the [n-acticability of the
enterprize. It is difficult to explain wliy it has not before been
undertaken. The reason may perhaps be found in its magnitude as
a State work, and to the impression that it should and would be
executed by the general goverimient, as coming properly within the

rlass of \voi-k« belonging to it. It is now too esseiitiHl to us, to w^
longer delayed, and must be accomplished by some power.

Nagsbead is greatly morcelligibly situated for an outlet, if Croa-
ton Sound was closed, than was the new inlet on the Cape Feai*.
wbicb was opened witbin the recollection of j)crsons now living, and
has already 14 feet water and gradually improving.

The Albcrmarle and tiibutaries, j)robably discbai-ge five times
tlic quantity of water which the Cape Fear does, and its coui'ses is
directly for the Ocean, until it approaches some hundreds of yards,
when it turns oflf at right angles and seeks an outlet 100 miles dis-
tant at Ocracoke.

The Cape Fear pursued a similar direction and nearer the Ocean
to about the same distance, a similar beach intervening, then tui-ned
off less abruptly and found an outlet (the main bar) in 10 miles; and
at the turn off a storm washed over the beach and cut out the new in-
let, The Croaton Sound intercepts the water and draws it away be-
fore reaching Nagsbead ? Closing that sound, it appears to me,
would force the water on Nagsbead in such a body and power and
with some slight assistance by cutting the strip of beach to give it
i\ passage in the first instance, as would make the outlet.

This however, is a matter for the science of engineering. That
the work is practicable all have agreed — that it ought to be accom-
plished none will deny who will reflect upon its immense importance
to the State, both as to character and profit.

Congress in 1832 yielded the power to the State to impose a Tax
on ail vessels which might pass through an outlet to be made at
Nagsbead. The undertaking is evidently one which belongs to the
General Government, where the power is lodged to regulate com-
merce in the States, and because it would be a source of revenue
to her.

It would be of more consequence to trade, industry, and commer-
cial entcrpize, to say nothing of its greater cheapness than the Del-
aware Breakwater, and many other works which have been prompt-
ly undertaken by the General Government.

From the Chesapeake to Ocracoke, a distance of from' 200 to SOO

miles, there is not an Inlet or Harbour for vessels, driven on tlic

coast by stress of weather — under such circumstances a dull sailer

cannot be kept off, and the consequence is that the coast is lined

' with wrecks and covered with the graves of our seamen — should

I Ocracoke close as anticipated by Col. Kearney, the inaccessible

• coast is increased some 30 or 40 miles, and with it our maratime

I dangers and losses.

The public prints in Virginia have already diiected the attention
of her statesmen to the feasibility of drawing the trade of our State
' even as far as the Ocracoke country to tbtir markets. To seizing
upon and stripping the carcass, whilst the limbs are yet quivering
J with life. Shall we submit to this ? Drained by South Carolina
<i on the one hand, and by Virginia on the other, can we exist wilii
^1 honor or profit ? Shall we not rather play back upon them their
-own game ? The Rail Road, from the head of tide water on tlic
" Cape Fear, flanking South Carolina, may remedy our humiliating
'i position in the one instance, and the opening an inlet at Nagsbead,
"'I iu the other.

' Some twelve hundred vessels now cross the Ocracoke bar annu-
I ally ; and produce, of the value of one million of dollars, passes

tliinijs:'i tlto ranal, besides immense quantities in other (lirectii)ii.s to
the Virginia markets. Not only all this trade, embracing the
whole of that in the Albemarle country, but a large amount from
several counties of Vii'ginia lying on tlie tributaries of our water
rojirses, would seek an outlet througli our State by the opening of
Nagshead, and go to build up a market in its ncigliborhood, equal/
if not superior, to any in Virginia.

A survey and estimate of a ship channel from the Ncuse to Beau-
fort, would afford the necessary information both of the practioa-'
bility and cost of a work to relieve the navigation and trade of that
section of country. 'JMie outlet at Nagshead would have some bene-
ficial influence here, with the use of the Sound, and a more direct
communication by a rail road to the town location on the Albemarle.
The selection between the rail road and ship channel, would be
decided by the information to be required by the survey and
estimate.

It is very evident that the trade of the Cape Fear cannot be
carried to the Albemarle, and vice versa. Two points will there-
fore become necessary, at which to locate our home markets, and to
these all our roads and other improvements of navigation should be
made to look aad concentrate.

If roads should be located, running from the ports and markets
of Virginia and Soutli Carolina, through the interior of our State,
it is very clear that all the ])roduce and trade above such a line of
road, would be carried to those markets, dividing our State hori-
zontally, the upper from the lower part, and virtually transferring
the upperportion to our sister States. They, getting the substance, we
retaining the semblance of a State. But, if the figure be reversed
the apex of the angle resting on our own Ports and Markets, run-
ing its legs into our rich interior N(>rth and West, the effect would
be to concentrate our wealth and resources within our own limits.

Let Wilmington be one point, with Roads running to the North,
the direction of the Wilmington and Raleigh Rail Road, and to the
West, the direction of the Roads heretofore recommended, and she
must eventually, at least, receive the produce and trade of those sec-
tions, and commensurately increase in size and importance.

Let a market town, at the head of the Albemarle, if we succeed
in opening Nagshead, or at Newbern, if a ship channel can be
made to Beaufort, be the other point, and similar roads resting upcni
it, will give to the trade of the country through which they pass, a
similar direction. And the intersection of the northern road from
Wilmington, with the western road from the point on the Albemarle
or Newbern, would lay open an intercourse between all parts of the
State. The transportation of troops in the time of war, to the points
of invasion and attack on the seaboard, with rail road Hicility,
would be of incalculable importance. The transportation of the
mail to our commercial points, adds no little to the value of sucU
roads.

The construction of a turnpike road from Raleigh via Chapel Hill
to the west, has been spoken of as highly desirable. On so rough and
broken a route, I am inclined to believe that its cost would be more
commensurate with its utility, than that of a rail road. And if a
rail road should not be constructed from Raleigh intersecting the"
Wilmington and Raleigh rail road, which is highly important, I
should recommend a continuance of the turnpike on that route ; ulti-

iiiately to be rontiiiued to the Albcmai'lc or Ncwbcrn, the selected
point lor a market town "m the east.

Home markets of consumpfmu would naturally spring up along
tJje line of improvement — and home markets for exportati(Mi and
iinportatiou on the seaboard. The valual)le results of tliis state <»f
tilings, will be tlie establishment of co/n/;?o/i schools, by the increase
of the p(»j>ulation and wealth of the State — the bringing together the
citizens of remote districts into an intercourse of tra<lc and friend-
ship— the removal of secti(uial and gcogi'a|)hical Jealousies — and thej
assum|)tion of that elevated position among our sister States, to'
which every honorable incentive impels us.

The currency of the State is intimately connected with the std»-
ject of domestic markets. The essential iTquisites to our currency
are, that it be adequate to the exchanges of commodities into a cir-
culating medium, and that it be so used.

As almost tiie whole of the agricultural products of this State are
sold in the markets of t»ther States — it follows that tlic money paid
loi" these, consist principally of the currency of the States in wliicli
sales are made — such currency is put in ciieulation even in this
State, to the exclusion of our own — but when meichandise is pur-
chased in foreign markets for consumption here, and jiaid for in the
currency of this State, it is brought back for redemption in specie.
Thus, by this operation, the circulation of the currency authorised
by this State, is resti'icted between the smallest limits — if, indeed, it
can beproj)erly said to have any circulation at all.

Home maikets in which our people could both buy and sell,
would permit the circulating medium of the State to pursue its ap-
propriate function, witliout embarrassment. Having no foreign
rival to sti'uggle against, tiie amount miglit be safely inci-cased to
the extent required by the various wants of the community — it
would be kept in active employment, and be absoibed in domestic
commerce. Without home markets, its amount must necessarily be
fluctuating and uncertain, be(-ause depending on causes beyond the
control of the agents authorised by this State to suj)p!y it.

I know that to accomplisli Ihesc works, and to cany into effect
the system of General Improvement 1 have jjrojxjsed, neressaiily
involves the expenditure of a large amount, and I kixnv to(» that
our people are too ])oor and too sparsely spi-ead over a large terri- '
tory to enable us to command the meatis at once from our private
resources. We have but one alternative, and that has no bugbear
terror to a mind of enlaiged and ])atriotic views, I mean the em-
])loyment of the State's credit in foreign markets. In Enghunl money
is abundant, and may be borrowed on Statestockson excellent terms,
say from Sd to 5 prr cent. inteiest. This is a most fortunate conjunc-
ture, and may never happen to us again. Wars destroy such oppor-
tunities and are of such frequent occurrence in Europe, that they may
soorj breakout and rob us forever of the golden moments which seems
beckoning us onward to piosperlty and improvement. The credit of
the State is all that is aske(l or that is required. It will involve int
taxation, for if the works should be as valuable as I believe they
will be, the ])rofits arising from them will not only j)ay the Interest
of the debt, but tl»e principal also.

I have already shown how much the present gesieiation has done
for posterity in the ])rivation of two wars, and in tlie discharge of
tlie immense public debt created by them — in the construction of

forts, tlic building of vessels, and other matters of consumptioiit
ilraining and exhausting the means of the citizens and making the
country jioorcr. It is now time that we looked to the permanent
improvement of our beloved State; here the case is quite reversed.
Money borrowed and judiciously a])plicd for this purpose twice
blesses the peo|)le: in the disbursements first, and in the value of
the imprTiveinenls afterwards.

Gentlemen, we have no choice in this matter. Our course must
now be onwaid, or we must sink into insignificance and ruin. Our
sister States are up and doing, they are ])ulling us at two of our
exti-emes, drawing from us the life-blood of our existence; and un-
less we act, and act efficiently, we bect)me the humble tributary, a
mere Province of our neighbors. Energy and enterprise alone can
rescue our trade, redeem our commercial degradation, and place us
in tliat elevated and appropriate position which it becomes us to
occupy in the sisterhood of Republics.

Cast your eyes on tlie surrounding States, and you can but con-
temi)late the results of their energy wilh delight and achniration.
Their canals, their rail- ways, their factories, and high state of agri-
cultural improvement, rival the best and most early settled countries
of the world ; whilst iheir moral and intelleclual advancement has
been stimulated by, and kept pace with, their ])hysical improvement.

If we are unmoved by facts so striking — if illustration so practi-
cal and so decisive, fails to convince, and to induce immediate and
efficient action, a?-gunient is in vain — the cause is lost — the State is •
doomed — and the hopes of our Patriots' sons blasted forever.

A topographical, geological and minerological examination and
Nurvey of the State, is considered higlily desirable. The minerals
and ores are believed to be incalculably valuable, and the limestone
and marble which might thus be brought to light, would benefit the
farming interest beyond the CDSt of the undertakitig.

The Literary Board employed C. B. Shaw, Esq. Engineer, to
superintend the draining of the sw^amp lands; surveys have been
made of a large tract in Hyde county ; two canals located to Pun-
go and Alligator Lakes, and small portions of them put under con-
tract. Difficulty has been experienced in obtaining bids for con-
tracts, or more progress would have been made on the work. The
law confined the Board to contracts only. If the employment of
hands had been within their power, very probably more would have
been done. In season, a report more in detail will be submitted by
the Board on this very important subject.

The important subject of Common Schools was intrusted to the
Board, that they might digest some system applicable to the crying
wants of the State, and they have given it most anxious considera-
tion. A variety of laws and systems have been politely furnislied
by the Governors of the States, to aid in the prosecution of this
work. The lesult will also be communicated in season. A con-
siderable fund has been set apart for this purpose. In Bank Stock,
S 1,020,700. In Rail Road Stock, $ 600,000, as soon as the last
instalment of the State's subscription has been paid. Of the sur-
plus— §200,000, for draining swamplands; g6l,G54 11 in cash
uiid notes on hand; §33,500 stock Cape Fear Navigation Compa-
ny; S25,000 in Roanoke Navigation Company; making the sum
of Si, 939,851 11, besides the income arising from entries of land,
license to retailers of spirituous liquors, and to auctioneers; and

the swain|) lauds not granted to individuals before 1836, wliicli will
])robably yield an income of $120,000 to $ 150,000 per annum, and
would seem to v\aii*ant a commencement of system, wliicb indeed is
all that is at present required or practieal)le.

The State is utterly deficient in statistics Ivum wliicli to di-aw ac-
curate information, not only upon this, but nj)on all other subjects.
I am very certain however tiiat teachers could iiot be procureil for
any extensive system, and as a deficiency of tliis class of useful in-
dividuals is a matter of complaint and regret in the oldest and best
educated States of the Union, we could n«)t draw Ihem ther»cc if desi-
rable. We should adopt, in the first place, some plan to remedy this
evil. Two modes have presented themselves — either the est«blish-
ment of a school in some central position for the education of teach-
ers, or an airangement with the University by which such youths
should be instructed free of charge, as would agree to devote tliem-
selves as school mastei-s to the State fin* a term of years. The em-
ployment of a permanent Commissioner to sui)erinlend this branch
of the service, will probably be necessary. He may be em]»h)ye(l for
thcpa-esentin obtaining all the information in the State and elsewhere
necessary to proceeding with skill and effect.

The Constitution has given to the Executive the high prerogative of
exercising clemetity ; whicli it is his duty to do according to the best <»f
his judgment. To render this duty the more valuable to the communi-
ty, he should be placed in possesion of lull and accurate itiformation
of the offence and punishment, which is not m)w the case; such infor-
mation is brought to his notice by petition and representation drawn,
by partial or prejudiced hands, and I have reason to believe fre-
quently destitute of truth. To refuse the consideration of such, how-
ever, on that ground and suffer a human creature to expiate his
crime with his life, when a possibility of innocence existed, would
be unjust to the power with which he has been entrusted, and pain-
ful to him. To remedy this uncertainty, a report of all the State
prosecutions by the |)residing magistrate of all cases of conviction
under the seal of the Clerks, should be made to the Executive imme-
diately on the adjournment of Court, and before the execution of the
sentence, from which source valuable information could be derived,
in which tlie State is deficient on all matters.

Tiie commuiiicati<)n of the H(m. R. M. Saunders, a Judge of the
Suj)erior Courts of Law and Equity, herewith submitted, marked
E., jiresents another defect in the law, to which I beg leave to call
your attention.

Soon after the close of the last session, in obedience to an act for
that purpose. General S. F\ Patterson was commissioned to redeem
S300,000, the stock of the State issued in 1835, which duty he per-
formed agreeable to law, and the bonds have been hatided to the
])ublic Treasurei". On observing that Congress had ap|)ropriated
thirty thousand dollars to pay the claims of tiiis State for military
expenditures duiing the last wai", I commissioned Wm. H. Hay-
wood, Jr. Esq. to make the settlement, lam happy to inform you,
that he succeeded in doing so, and received the amcmnt appropriated,
in discharge of the claims. Tlic money has been paid to the Public
'J'leasurer. His Rej)ort will be made al an early day.

In obedience to an act of the last session, directing the appoint-
ment of a surveyor — commissioners to superintend tlie surveying &
selling the recently acquired lands from the Cherokee Indians; the

ai)|)f)in(nunit.s have been made, and tlic duties incidental tlicreto/
perfoi-med.

The Report of the Commissioners of sale will be communicated at
an early period.

Comniissi(»iiei*s were also appointed to superintend thetransci'ibing
and printing tin* Revised Statutes, which duty has been performed t
ropit s delivered ai^ieeablc to law. and the remaining number placed
in the handa of Messrs. Turner & Hughes, of this place, for sale for
the State.

A set of weiglits under an aetof Congress has been received from
the Secretary of the Treasury as a standard by which to regulate
those in use in our State, whi{:h will require Legislative acti«)n.
'I'he impiirtaiice of eo-oj)erativc uniformity in ail matters relative
to commerce, fiade, and intercourse of the different members of (he
Union, is too ob\ iously necessary to need further comment at my
hands, lbaj> has been bestowed on the currency and exchanges.

A compilation of military tactics, has been received from the
Major General in chief, for the purpose of rendering the exercise of
the Militia uniform, which will require your attention.

Six pieces of field artiliei-y com])lete, and five hundred and ninety-
seven muskets, the quota of 1837 inclusive, to which the State is
entitled from the United States, have been received and ordered to
be stored in Wilmington until disposition should be made of them
by some action on youj* part.

The quota of 1838, of muskets, the ordnance department has re-
quested to be informe<l if the State was desii-ous of converting, in'
part, or the wliole, into any other sjjecies of arms. The communi-
cation is herewitli submitted, marked F.

The Executive is unable to advise on this subject, except the num-
ber of arms ordered to bedistributed by the last session. He has
received no return of arms or men. The law gives liic Adjutant
General the option of making his returns to the General Assembly
or the Commander-in-chief, and I believe it has been the custom to
make the return of the militia, arms, accoutrements and magazines,
directly to your body, which will |)ut you in possession of all the
necessary information to enable you to disjjose of the subject.

Three instalments of tlie surplus revenue was received from the
United States during the last year by the public treasurer, amount-
ing to 81,455,757 39 cents, which has been disposed of agreeably to
the appro|)riations of the last session, namely SSOO,000 in tlie ic-
demption of the State stock — SSOO.OOO subscribed in the stock of
tlie Bank of Cape Fear— S200,000 carried to the credit of the
Literary Fund, a!»plieable to the draining of the swaujji lands —
SlOO.OOO placed in the public treasury, and the balance. 8533,757
59 cents, carried tj» the credit of the Board of Internal improve-
ments, for certain jjurposes agreeably to the resolution.

'^I'he general state of finances will be submitted to you by the
officers in charge of that de|)artment. I will take the occasion to
suggest whelhej' reports fi'(mi all the institutions of the State, in
which the State lias a jjecuniarj intei-est, should not be made to
the Executi\e. previous to the meeting of the General Assembly, to
enable him to take a general view of their situations, and give to the
General Assembly a condensed statement of tlie same?

Gicat reliance has been placed on limited co-paitncrshijjs, for
bringing into action a considerable amount of capital. 1 am

ronfnlcnt no itijiii"}' roiild rostilt from them, and as we »'e(|uii'e the nc-
tivc use of all our capital ; 1 deem the subject, worthy your consider-
atior.

At Ihc request of the States mentioned, I have the honor of suli-
mitting communications from tliem to your body. From Vermont
in abolition of slavery; New Hampshire relative tothesurjdus ; Con
iiecticut ajid Arkansas on the Public Lands ; Connecticut on Execu-
tive Patronage — Georgia relative to the abduction of a slave by citi-
zens of Maine; Kentucky on thecunency ; L(»uisiana relative to a
Southern Convention to ado|)t measures against the machinations of
Noi'thern fanatics ; Alabama, Ohio and Riiode Island for and against
the annexation of Texas ; and from Maine, Mississippi, Massachu-
setts, Maryland and Vermont on gi-anting tiie privilege of franking
to the State ofKcers : and from Missouri resolutions apj)robating the
conduct of the H(Mi. Thos. H.Benton on the exj)uuging resolution
in the Senate of the U. S., all of whicii arc in packet A.

The resignations of Justices of the Peace you will find i»i ])acket G.

In conclusion, Gentlemen, permit me to assure you of my ready
co-operatio>i in all matters foi* the comfort, improvement, and happi-
ness of the citizens of the State.

I have the honor to be. Gentlemen,

With the highest considei-ation.

Your obedient servant.
EDWARD B. DUDLEY.

Executive Department, )
Nov. 21st, 1838. ^

Err ATT A. — ^In the fourth page, on the 22dluie, by the misplacing of
a space, it reads "yet thei'e action went on" — it should read, ^'yct the
reaction'^ (fcc.

On the 7th page, in the 4th line of the second paragraph, for '-Then
we shipped," read " There we shipped," (fcc.

Thomas Loring, Printer for the Legislature.

No. 2.

LEGISLATURE OP NORTH CAROLINA:

Raleigh, November, 1838.

►*^*

Rules of Order

For the government of the General Assembly of North Carolina^ to
which are prefixed the Constitutions of North Carolina and the

United States.

THE DECLARATION OF RIGHTS.

At a Congress of the Representatives of the Freemen of the State of
North Carolina, assembled at HaUfax, the seventeenth day of
December, in the year of our Lord one thousand seven hundred and
seventy six, for the purpose of estabUshing a Constitution, or
Form of Government, for the said State :

A Declaration of Rights made by the Representatives of the Free-
inen of the State of North Carolina :

Section 1. That all pohtical power is vested in and derived from the
people only.

Sec. 2. That the people of this State ought to have the sole and ex-
' elusive right of regulating the internal government and police thereof.
I Sec. 3. That no man or set of men are entitled to exclusive or sepa-
S^"^ rate emoluments or privileges from the community, but in considera-
'.j tion of public services.

' Sec. 4. That the Legislative, Executive, and Supreme Judicial
powers of Government, ought to be forever separate and distinct from
each other.

Sec. 5. That all power of suspending laws, or the execution of laws,
by any authority, without consent of the Representatives of the people,
is injurious to their rights, and ought not to be exercised.

Sec. 6. That elections of Members to serve as Representatives in
General Assembly, ought to be free.

Sec. 7. That in all criminal prosecutions, every man has a right to
be mformed of the accusation against him, and to confront the accusers
and witnesses with other testimony, and shall not be compelled to give
evidence against himself.

Sec. 8. That no freeman shall be put to answer any criminal charge,
but by indictment, presentment, or impeachment.

Sec. 9. That no freernan shall be convicted of any crime, but by the
unanimous verdict of a Jury, of good and lawful men, in open court,
as heretofore used.

Sec. 10. That excessive bail should not be required, nor excessive
fines imposed, nor cruel or unusual punishments inflicted.

Sec. 11. That general warrants, whereby any officer or messenger
may be commanded to search suspected places, without evidence of the
fact committed, or to seize any person or persons not named, whose
offence is not particularly described and supported by evidence, are
dano-erous to liberty, and ought not to be granted.

Sec. 12. That no freeman ought to be taken, imprisoned or disseized
of his freehold, liberties, or privileges, or outlawed or exiled, or in any
manner destroyed or deprived of his life, liberty or property, but by the
law of the land.

See. 13. That every freeman restrained of his liberty, is entitled to
a remedy to inquire into the lawfulness thereof, and to remove the same
if unlawful, and that such remedy ought not to be denied or delayed.

Sec. 15. That the freedom of the Press is one of the great bulwarks
of liberty, and therefore ought never to be restrained.

Sec. 16. That the people of this State ought not to be taxed or made
subject to the payment of any impost or duty without the consent of
themselves or their representatives in General Assembly, freely given.

Sec. 17. That the people have a right to bear arms for the defence
of the State, and, as standing armies in time of peace are dangerous to
liberty, they ought not to be kept up ; and that the Military should be
kept under strict subordination to, and governed by the Civil power.

Sec. 18. That the people have a right to assemble together, to consult
for their common good, to instruct their Representatives, and to apply
to the Legislature for redress of grievances.

Sec. 19. That all men have a natural and unalienable right to wor-
ship Almighty God according to the dictates of their own consciences.

Sec. 20. That for redress of grievances, and for amending and
strengthening the laws, Elections ought to be often held.

Sec. 21. That a frequent recurrence to fundamental principles is
absolutely necessary to preserve the blessings of liberty.

Sec. 22. That no hereditaiy emoluments, privileges or honors, ought "
to be granted or conferred in this State.

aet. ^o. i -..t ^^^^^oiuicies and monopolies arc contrary to the genius
of a free State, and ought not to be allowed.

Sec. 25. The property of the soil in a free government, being one of
the essential rights of the collective body of the people, it is necessary
in order to avoid future disputes, that the limits of the State should be
ascertained v.>ith precision ; and as the former temporary line between
North and South Carolina was confirmed and extended by Commis-
sioners appointed by the liCgislatures of the two States, agreeably to the
order of the ikte King George the Second, in Council, that line, and that
only, should be esteemed the Southern boundary of this State, as follows :
that is to say, beginning on the sea side, at a cedar stake, at or near
the mouth o{ Little River, being the southern extremity of Brnnsunck
county, and running from thence, a north-west course through the
boundary house, which stands in thirty-three degrees fifty-six minutes,
to thirty-five degrees north Latitude ; and from thence a west course, so
far as is mentioned in the charter of King Charles the Second, to the
late proprietors of Carolina. Therefore, all the territories, seas, waters,
and harbors, with their appurtenances, lying between the line above
described, and the Southern line of the Stale of Virginia, which be-
gins on the sea shore in thirty-six degrees thirty minutes north latitude,
and from thence runs west, agreeably to the said charter of King
Charles, are the right and property of the people of this State, to be
held by them in sovereignty, any partial line without the consent of the
Legislature of this State, at any time thel*eafter directed or laid out, in
any wise, notwithstanding. Provided always, That this declaration
of right shall not prejudge any nation or nations of Indians, from en-
joying such hunting grounds as may have been, or hereafter shall be
secured to them by any former or future Legislature of this State. — ■
And j)rovided also. That it shall not be construed so as to prevent the
establishment of oile or mote Governments westward of this State, by
consent of the Legislature. And provided further, That nothing herein
contained, shall affect the titles or possessions of individuals, holding or
claiming, under the laws heretofore in force, or grants heretofore made
by the late King George the Third, or his predecessors, or the late
Lords Proprietors or any of them.

December the \7th day, A. D. 1776; read the third time, and
ratified in open Congress.

JAMES GREEN, Jr. Secretary.

11. CASWEll., President.

THE CONSTITUTION OF NORTH CAROLINA.

The Constitution or form of Government, agreed to and resolved upoil
by the Representatives, of the freemen of the State of North Carolina^
elected and chosen for that particular purpose, in Congress assembled,
at Halifax, the eighteenth day of December, in the year of our Lord
one thousand seven hundred and seventy-six.

Whereas allegiance and protection are in their nature reciprocal,
and the one should of right be refused when the other is withdrawn. —
And whereas George the third. King of Great Britain^ and late Sove-
reign of the British American Colonies, hath not only withdrawn from
them his protection, but by an act of the British Legislature declared
the inhabitants of these States out of the protection of the British
Crown, and all their property found upon the high seas liable to be
seized and confiscated to the uses mentioned in the said act. And the
said George the third has also sent fleets and armies to prosecute a
cruel war against them, for the purpose of reducing the inhabitants of
the said colonies to a state of abject slavery. In consequence whereof j
all government under the said King, within the said colonies, hath
ceased, and a total dissolution of government in many of them hatli
taken place. And whereas the Continental Congress having consider-
ed the premises, and other previous violations of the rights of the good
people of America, have therefore declared that the Thirteen United
Colonies are, of right, whblly absolved from all allegiance to the Bri-
tish Crown, or any other foreign jurisdiction whatsoever, and that the
said Colonies now are and fol^ever shall be free and independent States :
Wherefore, in our present state, in -order to prevent anarchy and confu-*
sion, it becomes necessary that a government should be established in
the State : Therefore, We the Representatives of the Freemen of North
Carolina, chosen and assemblefd in Congress for the express purpose
of framing a Constitution, under the authority of the people, most con-
ducive to their happiness and prosperity, do declare that a Government
for this State shall be established in raaWner 'arid form following, to wit:
Section 1. That the Legislative authority shall be vested in two disJ-
tinct branches, both dependent on the people, to wit : a Senate and
House of Commons.

Sec. 2. That the Senate shall be composed of Representatives [an-
nually] chosen by ballot, one from each [county] in this State.

Sec. 3. That the House of Commons shall be composed of Re-pre-

seutatives [annuallyj chosen by ballot, [two for each county, and one
for each of the towns of Edenton, Newbern, Wilmington, Salisbury,
Hillsborough and Halifax.]

Sec. 4. That the Senate and House of Commons, assembled for this
purpose of legislation, shall be denominated the General Assembly.

Sec. 5. That each member of the Senate shall hav^e usually resided
in the [county] in which he is chosen, for one year immediately prece-
ding his election ; and lor the same time shall have possessed, and con-
tinue to possesSj in the [county] which he represents, not less than three
hundred acres 6f land in fee.

Sec. G. That each member of the House of Conmions shall have
usually resided in the [county] in which he is chosen, for one year im-
mediately preceding his election, and for six months shall have possess-
ed, and continue to possess, in the [county] which he represents, not less
than one hundred acres of land in fee, or for the term of his own life.

Sec. 7. That all [freemen] of the age of twenty-one years, who have
. been inhabitants of any one [county] within the State twelve months
immediately preceding the day of any election, and possessed of a free-
hold within the same [county] of fifty acres of land for six months next
before and at the day of election, shall be entitled to vote for a member
of the Senate.

Sec. 8. That all [freemen] of the age of twenty-one years, who have
been inhabitants of -any [county] within this State twelve months im-
- mediately preceding the day of any election, and shall have paid pub-
lic taxes, shall be entitled to vote for members of the House of Com-
mons for the county in which he resides.

Sec. 9. [That all persons possessed of a freehold in any Tovv^i in this
State, having a right of representation, and also all freemen who have
been inhabitants of any suk^h town twelve months next before and at
the day of election, and shall have paid public taxes, shall be entitled to
vote for a member to represent such Town in the House of Commons.
Provided always, l''hat this section shall not entitle any inhabitant of
such Town to vote for members ''6f the House of Commons for the
county in which he may reside, nor any freeholder in such county,
who resides without or beyond the limits of such town, to vote for a
imember for said Town.]

' Sec. 10. That the Senate arid House of Commons when met, shall
each have power to choose a Speaker and other their officers, be judges
of the qualifications and elections of their members, sit upon their own
adjournments from day to day, and prepare bills to be passed into laws.
The two Houses shall direct writs of elections for supplying interme-
diate vacancies, and shall also jointly, by ballot, adjourn themselves to
any future day and place.

Sec. 11. TTiat all bills shall be read three times ineachtloase before
they pass into laws, and be signed by the Speakers of both Houses.

Sec. 12. That every person who shall be chosen a member of the
Senate or House of Commons, or appointed to any office or place of
trust, before taking his seat, or entering upon the execution of his office,
shall take an oath to the State ; and all officers shall also take an oath
of office.

Sec. 13. That the General Assembly shall, by joint ballot of both
Houses, appoint Judges of the Supreme Courts of Law and Equity,
Judges of Admiralty, and [Attorney General] who shall be commission-
ed by the Go\^rnor, and hold their offices during good behavior.

Sec. 14. [That the Senate and House of Commons shall have power
to appoint the Generals and Field Officers of the Militia, and all officers
of the Regular Army of this State.]

Sec. 15. [That the Senate and House of Commons jointly, at their
first meeting after each annual election, shall by ballot elect a Gover-
nor for one year, who shall not be eligible to that office longer than
three years in six successive years.] That no person under thirty years
of age, and who has not been a resident in this State above five years,
and having in the State a freehold in lands and tenements above the
value of one thousand pounds, shall be eligible as Governor.

Sec. 16. That the Senate and House of Commons jointly, at their
first meeting after each [annual] election, shall by ballot elect seven'
persons to be a Council of State for [one year] who shall advise the
Governor in the execution of his office ; and that four members shall
be a quorum ; their advice and proceedings shall be entered in a Jour-
nal to be kept for that purpose only, and signed by the members pre-
sent ; to any part of which any member present may enter his dissent ;
and such Journal shall be laid before the General Assembly when cal-
led for by them.

Sec. 17^ That there shall be a seal of this State, which shall be kept
by the Goi'^rnor, and used by him as occasion may require, and shall
be called the Great Seal of the State of North Carolina, and be affixed
to all grants and Commissions.

Sec. 18. That the Governor for the time being, shall be Captain Gen-
eral and Commander in Chief of the Militia ; and in the recess of the
General Assembly, shall have -power, by and with the advice of the
Council of State, to embody the militia for the public safety.

Sec. 19. That the Governor for the time being, shall have power to
draw for and apply such sums of money as shall be voted by the Gen-
eral Assembly for the contingencies of Government, and be accounta-
ble to them for the sajne ; he also may, by and with the advice of the

Council of State, lay embargoes, or prohibit the exportation of any com-
modity, for any term not exceeding thirty days at any one time, in the
recess of the General Assembly, and shall have the power of granting
pardons and reprieves, except where the prosecution shall be carried
on by the General Assembly, or the law shall otherwise direct ; in
which case he may, in the recess, grant a reprieve until the next sitting
of the General Assembly ; and may exercise all the other Executive
powers of Government, limited and restrained as by this constitution is
mentioned, and according to the laws of the State ; and on his death,
inability, or absence from the State, the Speaker of the Senate for the
time being, and in case of his death, inability, or absence from the State,
the Speaker of the House of Commons shall exercise the powers of the
Governor, after such death, or during such absence or inability of the
Governor or Speaker of the Senate, [or until a new nomination is made
by the General Assembly.]

Sec. 20. That in every case where any officer, the right of whose
appointment is, by this Constitution vested in the General Assembly,
shall, during their recess, die, or his office by other means become va-
cant, the Governor shall have power with the advice of the Council of
State, to fill up such vacancy by granting a temporary commission, which
shall expire at the end of the next session of the General Assembly.

Sec. 21. That the Governor, Judges of the Supreme Courts of Law
and Equity, Judges of Admiralty and Attorney General, shall have
adequate salaries during their continuance in office.

Sec. 22. That the General Asse^ibly shall, by joint ballot of both
Houses, [annually] appoint a Treasurer or Treasurers for this State.

Sec. 23. That the Governor and other officers offending against the
State, by violating any part of this Constitution, mal-administration or
corruption, may be prosecuted on the impeachment of the General As-
sembly, or presentment of the Grand Jury of any Court of Supreme
Jurisdiction in this State.

Sec. 24. That the General Assembly shall, by joint ballot of both
Houses, [triennially] appoint a Secretaiy for this State.

Sec. 25. That no persons who heretofore have been or hereafter
may be, receivers of the public moneys, shall have a seat in either
House of the General Assembly, or be eligible to any office in this State
until such person shall have fully accounted for and paid into the
Treasury, all sums for which they may be accountable and liable.

Sec. 26. That no Treasurer shall have a seat in either the Senate
House of Commons, or Council of State, during his continuance in that
office, or before he shall have finally settled his accounts with the pub-
lic, for all moneys which may be in his hands, at the expiration of his

office, belonging to tlie State, and hath paid the same into the hands of
the succeeding Treasurer.

Sec. 27. That no officer in the Regular Army or Navy, in the ser-
vice and pay of the United States, of this or any other State, or any
contractor or agent for supplying such Army or Navy with clothing or
provisions, shall have a seat in either the Senate, House of Commons,
or Council of State, or be eligible thereto ; and any member of the Sen-
ate, House of Commons, or Council of State, being appointed to and
accepting of such office, shall thereby vacate his seat.

Sec. 28. That no member of the Council of State shall have a seat
either in the Senate or House of Cpmmons.

Sec. 29. That no Judge of the Supreme Court of Law or Equity,
or Judo-e of Admiralty, shall have a seat in the Senate, House of Com-
mons, or Council of State.

Sec. 30. That no Secretary of this State, Attorney General or Clerk
of any'Court of Record, shall have a seat in the Senate, House of Com-
mons, or Council of State.

Sec. 31. That no Clergyman, or Preacher of the Gospel, of any de-
nomination, shall be capable of being a member of either the Senate,
House of Commons, or Council of State, while he continues in the
exercise of the Pastoral function.

Sec. 32. That no person who shall deny the being of God, or the
truth of the [Protestant] Religion, or the divine authority either of the
Old or New Testament, or who shall hold Religious principles, incom-
patible with the freedom and safety of the State, shall be capable of
holding any office or place of trust or profit in the Civil department,
within this State.

Sec. 33. That the Justices of the Peace, within the respective coun-
ties in this State, shall in future be recommended to the Governor for
the time being by the Representatives in General Assembly, and the
Governor shall commission them accordingly : And the Justices, when
so commissioned, shall hold their offices during good behavior, and
shall not be removed from office by the General Assembly unless for
misbehavior, absence, or inability.

Sec. 34. That there shall be no establishment of any one Religious
Church or denomination in this State in preference to any other ; nei-
ther shall any person, on any pretence whatsoever, be compelled to
attend any place of worship, contrary to his own faith or judgment ;
nor be obliged to pay for the purchase of any glebe, or the building of
any house of worship, or for the maintenance of any minister or minis-
try, contrary to what he believes right, or has voluntarily and person-
ally engaged to perform ; but all persons shall be at liberty to exercise

their own mode of worship : Provided, that nothing herein contained
shall be construed to exempt preachers of treasonable or seditious dis-
courses from legal trial and punishment.

Sec. 35. That no person in the State shall hold more than one lu-
crative office at any one time. Provided, That no appointment in the
Militia or to the office of a Justice of the Peace, shall be considered as
a lucrative office.

Sec. 36. That all Commissions and Grants shall run in the name of
the State of North Carolinaj and bear test and be signed by the Gov-
ernor. All writs shall run in the same manner, and bear test and be
signed by the Clerks of the respective Courts ; Indictments shall con-
clude, against the peace and dignity of the Stite.

Sec. 37. That the Delegates for this State to the Continental Con-
gress, while necessary, shall be chosen annually by the General As-
sembly, by ballot, but may be superseded in the mean time, in the
same manner : and no person shall be elected to serve in that capacity
for more than three years successively.

Sec. 38. That there shall be a Sheriff, Coroner or Coroners, and
Constables in each county within this State.

Sec. 39. That the person of a debtor, where there is not a strong
presumption of fraud, shall not be continued in prison after delivering
up, bona fide, all his estate, real and personal, for the use of his cre-
ditors, in such manner as shall be hereafter regulated by law. All
prisoners shrill 'b§ bailable by sufficient sureties, unless for capital of-
fences, when the proof is evident, or presumption great.

Sec. 40, That every foreigner, who comes to settle in this State,
having first taken an oath of allegiance to the same, may purchase, or
by other just means acquire, hold and transfer land or other real estate ;
and after one year's residence, shall be deemed a free citizen.

Sec. 41. That a school or schools shall be established by the Legis-
lature for the convenient instruction of youth, with such salaries to
the masters, paid by the public, as may enable them to instruct at low
prices ; and all useful learning shall be duly encouraged and promoted
in one or more Universities.

Sec. 42. That no purchase of lands shall be made of the Indian
natives, but on behalf of the public, by authority of the General As-
sembly.

Sec. 43. That the future Legislature of this State shall regulate
entails in such manner as to prevent perpetuities.

Sec. 44. That the declaration of rights is hereby declared to be part
of the Constitution of this State, and ought never to be violated on
any pretence whatever.

Sec. 45. That any member of either House of the General Assem-
bly shall have liberty to dissent from, and protest against any act or
resolve which he may think injurious to the public or any individual,
and have the reasons of his dissent entered on the Journals.

Sec. 46. That neither House of the General Assembly shall proceed
upon public business, unless a majority of all the members of such
House are actually present, and that upon a motion made and seconded,
the Yeas and Nays upon any question shall be taken and entered on
the Journals ; and that the Journals of the Proceedings of both Hous-
es of the General Assembly, shall be printed and made public, imme-
diately after their adjournment.

This Constitution is not intended to preclude the present Congress

from making a temporary provision for the well ordering of this State,

until the General Assembly shall establish Government agreeably to

the mode herein before prescribed.

December the ISth, 1776, read the third time and ratified in

op 671 Congress.

R. CASWELL, President.
JAMES GREEN, Jun., Secretary/.

AMENDMENTS.

Whereas the General Assembly of North Carolina, by an act, pass-
ed the sixth day of January, one thousand eight hundred and thirty-
five, entitled "An act concerning a Convention to amend the Constitu-
tion of the State," and by an act, supplemental thereto, passed on the
eighth day of January, one thousand eight hundred and thirty-five,
did direct that polls should be opened in every election precinct through-
out the State, for the purpose of ascertaining whether it was the will
of the freemen of North Carolina that there should be a Convention
of Delegates, to consider of certain amendments proposed to be made
in the Constitution of said State ; and did further direct, that, if a ma-
jority of all the votes polled by the freemen of North Carolina should
be in iavor of holding such Convention, the Governor should, by Pro-

clamation, announce the fact, and thereupon tlie freemen aforesaid
should elect delegates to meet in Convention at the City of Raleigh, on
the first Thursday in June, one thousand eight hundred and thirty-
five, to consider of the said amendments : And whereas a majority of
the freemen of North Carolina did, by their votes at the polls so open-
ed, declare tlieir will that a Convention should be had to consider of
the amendment proposed, and the Governor did, by Proclamation, an-
nounce the fact that their will had been so declared, and an election
for delegates to meet in Convention as aforesaid was accordingly had :
Now, therefore, we the delegates of the good people of North Carolina,
having assembled in Convention, at the city of Raleigh, on the first
Thursday in Jane, one thousand eight hundred and thirty- five, and
having continued in session from day to day, until the eleventh of
July, one thousand eight hundred and thirty-five, for the more delib-
erate consideration of said amendments, do now submit to the deter-
mination of all the qualified voters of the State, the following amend-
ments in the Constitution thereof, that is to say :

ARTICLE L

SECTION I.

§ 1. The Senate of this State shall consist of fifty Representatives,
biennially chosen by ballot, and to be elected by districts ; which dis-
tricts shall be laid off by the General Assembly, at its first session after
the year one thousand eight hundred and forty one ; and afterwards,
at its first session after the year one thousand eight hundred and fifty
one ; and then every twenty years thereafter, in proportion to the pub-
lic taxes paid into the Treasury of the State by the citizens thereof •
and the average of the public taxes paid by each county into the Trea-
sury of the State, for the five years preceding the laying off of the
districts, shall be considered as its proportion of the public taxes, and
constitute the basis of apportionment : Provided, That no county shall
be divided in the formation of a Senatorial district. And when there
are one or more counties, having an excess of taxation above the ratio
to form a Senatorial district, adjoining a county or counties deficient in
such ratio, the excess or excesses aforesaid shall be added to the taxa-
tion of the county or counties deficient ; and if, with such addition, the
county or counties receiving it shall have the requisite ratio, such coun-
ty and counties each shall constitute a Senatorial district.

S 2. The House of Commons shall be composed of one hundred
and twenty Representatives, biennially chosen by ballot, to be elected
by counties according to their federal population, that is, according to
their respective numbers, which shall be determined by adding to the

whole number of free persons, including thbse bound to service for a
term of years, and excluding Indians not taxed, three-fifths of all other
persons ; and each county shall have at least ond member in the House
of Commons, although it may not contain the requisite ratio of popu-
lation.

§ 3. This apportionment shall be made by the General Assembly,
at the respective timfes and periods wh^n the districts for the Senate
are herein before directed to be laid off; and the said apportionment shall
be made according to an enumeration to be ordered by the General
Assembly, or according to the Census which may be taken by order
of Congress, next preceding the period of making such apportionment.

§ 4. In maldng the apportionment in the House of Commons, the
ratio of representation shall be ascertained by dividing the amount of
Federal population of the State, after deducting that comprehended
within those counties which do not severally contain the one hundred
and twentieth part of the entire Federal population aforesaid, by the
number of Representatives less than the number assigned to the said
counties. To each county containing the said ratio, and not twice the
said ratio, there shall be assigned one representative ; to each county
containing twice, but not three times the said ratio, there shall be as-
signed two Representatives, and so on progressively, and then the re-
maining Representatives shall be assigned severally to the counties
having: the largest fractions.

SECTION IT.

§ 1. Until the first Session of the General Assembly which shall be
had after the year eighteen hundred and forty-one, the Senate shall be
composed of members to be elected from the several districts herein
after named, that is to say, the 1st district shall consist of the counties
of Perquimons and Pasquotank ; the 2d district, of Camden and Cur-
rituck ; the 3d district, of Gates and Chowan ; the 4th district, Wash-
ington and Tyrell ; the 5th district, Northampton ; the 6th district,
Hertford ; the 7th district, Bertie ; the Sth district, Martin ; the 9th dis-
trict, Halifax; the 10th district, Nash ; the 11th district, Wake; the
12th district, Franklin ; the 13th district, Johnston ; the 14th district,
Warren ; the 15th district, Edgecomb ; the 16th district, Wayne ; the
17th district, Greene and Lenoir ; the 18th district, Pitt ; the 19th dis-
trict, Beaufort and Hyde ; the 20th district, Carteret and Jones ; the
21st district. Craven ; the 22d district, Chatham ; the 23d district,
Granville ; the 24th district. Person ; the 25th district, Cumberland ;
the 26th district, Sampson ; the 27th district, New Hanover ; the 2Stli
district, Duplin ; the 29th district, Onslow ; the 30th district, Bruns-
wich, Bladen and Columbus : the 31st district. Robeson and Rich-

moiid ; the 32d district, Anson ; the 33d district, Cabarras ; the 34tli
district, Moore and Montgomery ; the 35th district, Caswell ; the 36th
district, Rockingham ; the 37th district, Orange ; the 38th district,
Randolph ; the 39th district, Gnilford ; the 40th district, Stokes ; the
41st district. Rowan ; the 42d district, Davidson ; the 43d district,
Surry ; the 44th district, Wilkes and Ashe ; the 45th district, Burke
and Yancy ; the 46th district, Lincoln ; the 47th district, Iredell 5 the
48th district, Rutherford ; the 49th district, Buncombe, Haywood and
Macon ; and the 50th district, Mecklenburg ; each district to be enti-
tled to one Senator.

§ 2. Until the first session of the General Assembly after the year
eighteen hundred and forty-one, the House of Commons shall be com-
posed of members elected from the Counties in the following manner,
viz : The counties of Lincoln and Orange shall elect four members
each. The countios of Burke, Chatham, Granville-, Guilford, Halifax,
Iredell, Mecklenburg, Rowan, Rutherford, Surry, Stokes, and Wake
shall elect three meMbers each. The counties of Anson, Beaufort,
Bertie, Buncombe, Cumberland, Craven, Caswell, Davidson, Duplin,
Edgecomb, Franklin, Johnston, Montgomery, New Hanover, North-
ampton, Person, Pitt, Randolph, Robeson, Richmond, Rockingham,
Sampson, Warren, Wayne and Wilkes shall elect two members each.
The counties of Ashe, Bladen, Brunswick, Camden, Columbus, Chow-
an, Currituck, Carteret, Cabarras, Gates, Greene, Haywood, Hertford,
Hyde, Jones, Lenoir, M«.€on, Moore, Martin, Nash, Onslow, Pasquo-
tank, Perquimons, Tyrrell, Washington and Yancy shall elect one
member each.

SECTION III.

§ 1. Each member Of the Senate shall have usually resided in the
district for which he is chosen for one year immediately preceding
his election, and for the same time shall have possessed and continue
to possess in the district which he represents not less than three hun-
dred acres of land in fee.

§ 2. All freemen of the age of twenty-one yeal-s^ (except as is here-
inafter declared) who have been inhabitants of any one district within
the State twelve months immediately preceding the day of any elec-
tion, and possessed of a freehold within the same district of fifty acres
of land for six months next before and at the day of election, shall be
entitled to vote for a member of the Senate.

§ 3. No free Negro, free mulatto, or free person of mixed blood,
descended from negro ancestors to the fourth generation inclusive
(though one ancestor of each generatioia may have been a white per-
son,) shall vote for members of the Seriate or HoWse of Commons.

SECTION IV.

§ 1. In the election of all officers whose appointment is conferred
on the General Assembly by the Constitution, the vote shall be viva
voce.

§ 2, The General Assembly shall have power to pass laws regulat-
ing the mode of appointing and removing Militia Officers.

§ 3. The General Assembly shall have power to pass genei;al laws
regulating divorce and alimony, but shall not have power to grant a
divorce or secure alimony in any individual case.

§ 4. The General Assembly shall not have power to pass any priv-
ate law, to alter the name of any person, or to legitimate any persons
not born in lawful wedlock, or to restore to the rights of citizenship
any person convicted of an infamous crime ; but shall have power to
pass general laws regulating the same.

§ 5. The General Assembly shall not pass any private law, unless it
shall be made to appear that thirty days notice of application to pass
such law shall have been given, under such directions and in such
manner as shall be provided by law.

§ 6. If vacancies shall occur by death, resignation or otherwise, be-
fore the meeting of the General Assembly, writs may be issued by the
Governor, under such regulations as may be prescribed by law.

§ 7. The General Assembly shall meet biennially, and at each bien-
nial session shall elect, by joint vote of the two Houses, a Secretary of
State, Treasurer and Council of State, \vho shall continue in office for
the term of two years,

ARTICLE II.

§ 1 The Governor shall be chosen by the qualified voters for the
members of the House of Commons, at such time and places as mem-
bers of the General Assembly are elected.

§ 2. He shall hold his office for the term of two years from the time
of his installation, and until another shall be elected and qualified ;
but he shall not be eligible more than four years in any term of six
years.

§ 3. The returns of every election for Governor shall be sealed up
and transmitted to the seat of Government, by the returning officers,
directed to the Speaker of the Senate, who shall open and publish them
in the presence of a majority of the members of both Houses of the
General Assembly. The person having the highest number of votes,
shall be Governor ; but if two or more shall be equal and highest in
votes, one of them shall be chosen Governor by joint vote of both
Houses of the Giencral Assembly.

§ 4. Contested elections for Governor shall be determined by both
Houses of the General Assembly, in such manner as shall be prescrib-
ed by law.

§ 5. The Governor elect shall enter on the duties of the office on
the first day of January next after his election, having previously taken
the oaths of office in presence of the members of both branches of the
General Assembly, or before the Chief Justice of the Supreme Court,
who, in case the Governor elect should be prevented from attendance
before the General Assembly, by sickness or other unavoidable cause,
is authorised to administer the same.

ARTICLE III.

SECTION I,

§ 1. The Governor, Judges of the Supreme Court, and Judges of
the Superior Courts, and all other officers of this State, (except Jus-
tices of the Peace and Militia officers,) may be impeached for wilfully
violating any Article of the Constitution, mal-administration or cor-
ruption.

§ 2. Judgment, in cases of Impeachment, shall not extend further
than to removal from office and disqualification to hold and enjoy any
office of honor, trust or profit under this State ; but the party convicted,
may, nevertheless, be liable to indictment, trial, judgment and punish-
ment according to law.

§ 3. The House of Commons shall have the sole power of impeach-
ment. The Senate shall have the sole power to try all impeachments ;
no person shall be convicted upon any impeachment, unless two-thirds
of the Senators present shall concur in such conviction ; and before
the trial of any impeachment, the member of the Senate shall take an
oath or affirmation, truly and impartially to try and determine the
charge in question according to evidence.

SECTION 11.

§ 1. Any Judge of the Supreme Court, or of the Superior Courts,
may be removed from office for mental or physical inability, upon a
concurrent resolution of two-thirds of both branches of the General
Assembly. The Judge against whom the Legislature may be about to
proceed, shall receive notice thereof, accompanied by a copy of the
causes alleged for his removal, at least twenty days before the day on
which either branch of the General Assembly shall act thereon.

§ 2. The salaries of the Judges of the Supreme Court, or of the Su-
perior Courts, shall not be diminished during their continuance in
office.

SECTION III.

Upon the conviction of any Justice of the Peace, of any infamous
crime, or of corruption and mal-practice in office, the commission of
such Justice shall be thereby vacated, and he shall be forever disquali-
fied from holding such appointment. '

SECTION IV.

The General Assembly, at its first session after the year one thousand
eio^ht hundred and thirty-nine, and from time to time thereafter, shall
appoint an Attorney General, who shall be commissioned by the Gover-
nor, and shall hold his office for the term of four years ; but if the Gen-
eral Assembly should hereafter extend the term during which Solici-
tors of the State shall hold their offices, then they shall have power to
extend the term of office of the Attorney General to the same period.

ARTICLE IV,

SECTION I,

?> 1. No Convention of the People shall be called by the General
Assembly, unless by the concurrence of two-thirds of all the members
of each House of the General Assembly,

§ 2. No part of the Constitution of this State shall be altered, unless
a Bill to alter the same shall have been read three times in each House
of the General Assembly, and agreed to by three-fifths of the whole
number of members of each House respectively ; nor shall any altera-
tion take place until the Bill so agreed to shall have been published"
six months previous to a new election of members to the General As-
sembly. If, after such publication, the alteration proposed by the pre-
cedino" General Assembly, shall be agreed to in the first session there-
after by two thirds of the whole representation in each House of the
General Assembly, after the same shall have been read three times on
three several days in each House, then the said General Assembly shall
prescribe a mode by which the Amendment or Amendments may be
submitted to the qualified voters of the House of Commons through-
out the State ; and if, upon comparing the votes given in the whole
State, it shall appear that a majority of the voters have approved there^
of, then, and not otherwise, the same shall become a part of the Con-
stitution.

SECTION II.

The thirty-second section of the Constitution shall be amended to read
as follows : No person who shall deny the being of God, or the truth
of the Christian Religion, or the divine authority of the Old or New
Testament, or who shall )) old religious principles incompatible with

the freedom or safety of the State, shall be capable of holding any
jjji office or place of trust or profit in the civil department within this State.

! SECTION III.

§ 1. Capitation tax shall ^e equal throughout the State upon all in-
dividuals subject to the same.

§ 2. All free males over the age of twenty-one years, and under the
age of forty-five years, and all slaves over the age of twelve years, and
under the age of fifty years, shall be subject to Capitation tax, and no
other person sha,ll be subject to such tax ; provided that nothing here-
in contained shall prevent exemptions of taxable polls as heretofore
prescribed by law in cases of bodily infirmity.

SECTION IV.

' No person who shall hold any office or place of trust or profit un-
der the United States, or any department thereof, or under this State,
or any other State or Government, shall hold or exercise any other
office or place of tmst or profit under the authority of this State, or be
eligible to a seat in either House of the General Assembly : Provided,
that nothing herein contained shall extend to officers in the Militia or
Justices of the Peace,

Ratified in Convention, this eleventh day of July^ in the year
of our Lord one thousand eight hundred and thirty-five^
NATHANIEL MACON, President.
Edmund B. Freeman, Secretary of the Convention,
Joseph D. Ward, Assistant Secretary.

AN ORDINANCE

TO CARRY INTO EFFECT THE AMENDED CONSTITUTION.

Be it ordained and declared hy the Delegates to this Convention,
in Convention assembled, and it is hereby ordained by the authority
of the same, That the Amendments to the Constitution of this State,
adopted by this Convention, he submitted by the Governor to the peo-
ple, on the second Monday in November next, thirty days notice hav-
ing been given, and that the Polls be opened by the respective Sheriffs,
and kept open for three successive days, at the several Election pre-
cints in each and every county in the State, under the same rules and
regulations, as now exist, for the election of Members to the General
Assembly. That the said Sheriffs be required to compare and certify
the results of the elections, on or before the Monday following, and
transmit the same in twenty days thereafter, to the Governor of the
State. That all persons qualified to vote' for members of the House of
Commons, may vote for or against a ratification of the Amendments.
Those who wish a ratification of the Amendments, voting with a print-
ed or written Ticket, ^^ Ratification,^'' — those of a contrary opinion,
''Rejection^

Further, That it shall be the duty of the Sheriffs to make duplicate
statements of the polls in their respective counties, sworn to before the
Clerk of the County Court ; one copy of which shall be deposited in
said Clerk's Office, and the other copy transmitted to the Governor of
the State, at Raleigh.

Be it further ordained by the authority of the sam,e, That when
the returns aforesaid shall have been received, the same shall be open-
ed by the Governor in the presence of the Secretary of State and
Treasurer, and in case a majority of the votes polled shall be in favor
of a ratification of the Amendments, the same shall be forthwith made
known by a Proclamation of the Governor to the people of the State.
And thereupon, the Governor shall cause to be endorsed on the amend-
ments, as enrolled by order of the Convention, or shall annex there-
unto, a certificate under his signature declaring that the said amend-
ments have been ratified by the people of North Carolina, and the Sec-
retary of State shall countersign the said certificate, and annex thereto
the Great Seal of the State, and the said amendments so enrolled with
the certificate aforesaid shall be forever kept among the archives of the
State in the Office of the Secretary aforesaid.

Be it further ordained by the authority aforesaid, That the
amendments tiius ratified shall take effect, and be in force, from and
after the first day of January, A. D. one thousand eight hundred and
thirty-six : Provided, however, that the Governor, the Council of State,
the Secretary of State and the Public Treasurer, who may then be in
office, shall severally continue to exercise their respective functions
until the Governor, Council of State, Secretary of State and Public
Treasurer, appointed under the amended Constitution, shall enter up-
on the duties of their office.

Ratified in Convention, this eleventh day of July, A. D. one
thousand eight himdred and thirty-five.

NATHANIEL MACON, President.
Y,mivTS!Ti B. Freeman, Secretary of the Convention.
Joseph D. Ward, Assistant Secretary.

CONSTITUTION OF THE UNITED STATES.

We, the people of the United States, in order to form a more per-
fect union, establish justice, insure domestic tranquility, provide for
the common defence, promote the general welfare, and secure the bles-
sings of liberty to ourselves and our posterity, do ordain and establish
this Constitution for the United States of America.

ARTICLE I.

SECTION I.

All legislative powers herein granted, shall be vested in a Congress
of the United States, which shall consist of a Senate and House of
Representatives.

SECTION II.

The House of Representatives shall be composed of members cho-
sen every second year by the people of the several States ; and the
electors in each State shall have the qualifications requisite for electors
of the most numerous branch of the State Legislature.

2. No person shall be a Representative who shall not have attained
to the age of twenty -five years, and been seven years a citizen, of the
United States, and who shall not, when elected, be an inhabitant of
that State in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among the
several States which may be included within this union, according to
their respective numbers ; which shall be determined by adding to the
whole number of free persons, (including those bound to service for a
term of years, and excluding Indians not taxed,) three-fifths of all
other persons. The actual enumeration shall be made within three
years after the first meeting of the Congress of the United States, and
within every subsequent term of ten years, in such manner as they
shall by law direct. The number of Representatives shall not exceed
one for every thirty thousand ; but each State shall have at least one
Representative : And until such enumeration shall be made, tlie State
of New Hampshire shall be entitled to choose three, Massachusetts
eight, Rhode Island and Providence Plantations one, Connecticut five,
New York six, New Jersey four, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten, North Carolina five, South Carolina five,
and Georsfia three.

4. When vacancies happen in the representation from any State,
the executive authority thereof shall issue writs of election to fill such
vacancies.

5. The House of Representatives shall choose their Speaker and
.other officers, and shall have the sole power of impeachment.

SECTION III.

The Senate of the United States shall be composed of two Senators
from each State, chosen by the Legislature thereof, for six years ; and
• each Senator shall have one vote.

2. Immediately after they shall be assembled in consequence of the
first election, they shall be divided, as equally as may be, into three
classes. The seats of the Senators of the first class shall be vacated
at the expiration of the second year ; and of the second class, at the
expiration of the fourth year ; and of the third class at the expiration
of the sixth year ; so that one third may be chosen every second year.
And if vacancies happen, by resignation or otherwise, during the re-
cess of the Legislature of any State, the executive thereof may make
temporary appointments, until the next meeting of the Legislature,
which shall then fill such vacancies.

3. No person shall be a Senator, who shall not have attained to the
age of thirty years, and been nine years a citizen of the United States,
and who shall not, when elected^ be an inhabitant of that State for
which he shall be chosen.

4. The Vice President of the United States shall be President of
the Senate ; but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers, and also a President
pro tempore, in the absence of the Vice President, ox when he shall
exercise the office of the President of the United States.

6. The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affirmation.—
When the President of the United States is tried, the Chief Justice
shall preside : And no person shall be convicted without the concur-
rence of two-thirds of the members present.

7. Judgment in cases of impeachment, shall not extend further than
to removal from office, and disqualification to hold and enjoy any office
of honor, trust, or profit, under the United States ; but the party con-
victed shall nevertheless be liable and subject to indictment, trial,
judgment, and punisliment, according to law.

SECTION IV.

The times, places and manner of holding elections for Seniors and
Representatives, shall be prescribed in each State by the Legislature
thereof; but the Congress may, at any time, by hiw, make oi' alter such
regulations, except as to the places of choosing Senators.

2. Tlie Congress shall assemble at least once in every year, and
such meeting shall be on the first Monday m December, unless they
shall by law appoint a different day.

SECTION V.

Each house shall be the judge of the elections, returns, and qualifi-
cations of its own members ; and a majority of each shall constitute a
quorum to do business ; but a smaller number may adjourn from day
to day, and may be authorized to compel the attendance of absent '
members, in such manner, and under such penalties, as each House
may provide.

2. Each House may determine the rules of its proceedings, punish
its members for disorderly behavior, and, with the concurrence of two
thirds, expel a member.

3. Each House shall keep a journal of its proceedings, and from
time to time publish tlje same, excepting such parts as may, in their f
judgment, require secrecy ; and the yeas and nays of the members of "•
either House, on any question, shall, at the desire of one-fifth of those
present, be entered on the journal.

4. Neither House, during the session of Congress, shall, without the
consent of the other, adjourn for more than three da^^s, nor to any o-
ther place than tliat in which the two Houses shall be sitting.

SECTION VI.

The Senators and Representatives shall receive a compensation for
their services, to be ascertained by law, and paid out of the Treasury
of the United States. They shall, in all cases except treason, felony,
and breach of the peace, be privileged from arrest, during their atten-
dance at the session of their respective Houses, and in going to and re-
turning from the same ; and for any speech or debate in either House,
they shall not be questioned in any other place.

2. No Senator or Representative shall during the time for which he
was elected, be appointed to any civil office under the authority of the ^
United States, which shall have been created, or the emoluments where-
of shall have been increased, during such time : and no person hold-
ing any office under the United States, shall be a member of either
House, during his continuance in office.

SECTION VII.

All bills for raising revenue, shall originate in the House of Repre-
sentatives ; but the Senate may propose, or concur with amendments,
as on other bills,

2. Every bill which shall have passed the House of Representatives
and the Senate, shall, before it becomes a law, be presented to the Presi-
dent of the United States. If he approve, he shall sign it ; but if not,
he shall return it, with his objections, to that House in which it shall

I havo oviginarod, who shall enter (he objections at large on their jour-

I nal, and proceed to reconsider it. If, after such reconsideralioli, two-
' thirds of that House shall agree to pass the bill, it shall be sent, toge-
ther with the objections, to the other House ; by which it shall like-

\ wise be reconsidered, and, if approved by two-thirds of that House, it
; shall become a law. But in all such cases the votes of both Houses
s shall be determined by yeas and nays, and the names of the persons
" voting for and against the bill, shall be entered on the journal of each
] House respectively. If any bill shall not be returned by the President
' within ten days (Sundays excepted) after it shall have been presented

II to him, the same shall be a law, in like manner as if he had signed it,
'} unless the Congress, by their adjournment, prevent its return ; in
!' which case it shall not be a law.

' 3. Every order, resolution, or vote, to which the concurrence of the
.' Senate and House of Representatives may be necessary, (except on a
question of adjournment,) shall be presented to the President of the
United States, and before the same shall take effect, shall be approved
I by him, or being disapproved by him, shall be repassed by two-thirds
tof the Senate and House of Representatives, according to the rules and
I Ihnitations prescribed in the case of a bill.

SECTION VIII.

The Congress shall have power to lay and collect taxes, duties, im-
I posts and excises, to pay the debts and provide for the common defence
and general welfare of the United States ; but all duties, imposts, and
excises shall be uniform throughout the United States.

2. To borrow money on the credit of the United States.

3. To regulate commerce with foreign nations, and among the sev-
eral States, and with the Indian tribes.

4. To establish an uniform rule of naturalization, and uniform laws
on the subject of bankruptcies throughout the United States.

5. To coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures.

6. To provide for the punishment of counterfeiting the securities and
current coin of the United States.

7. To establish post ofKces and post roads.

8. To promote the progress of science and useful arts, by securing,
for limited times, to authoTs and inventors the exclusive right to their
respective writings and discoveries.

9. To constitute tribunals, inferior to the Supreme Court, to define
and punish piracies and felonies, committed on the high seas, and of-
fences against the lavv^s of nations.

10. To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and V\''ater.

11. To raise and support armies ] hut no appropriation of money* to
that use shall be for a longer term than two years.

12. To provide and maintain a navy.

13. To provide for calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions.

14. To make rules for the government and. regulation of the land
and naval forces.

15. To provide for organizing, arming, and disciplining the militia,
and for governihg such part of them as may be employed in the service
of the United States, reserving to the States respectively, the appoint-
ment of the officers, and the authority of training the militia accord-
ing to the discipline prescribed by Congress.

16. To exercise exclusive legislation, in all cases whatsoever, over
such district, (not exceeding ten miles square,) as may, by cession of
particular States and the acceptance of Congress, bepome the seat of
the Government of the United States ; and to exercise like authority^
over all places purchased by the consent of the Lpgislature of the
State in which the same shall be, for the erection of forts, magazines,
arsenals, dock yards, and other needful buildings ; and

17. To make all laws which shall be necessary and proper for car-
rying into execution the foregoing powers, and all other powers vested
by tliis Constitution, in the government of the United States, or in any
department or officer thereof.

SECTION IX.

The migration or importation of such persons as any of the States
now existing shall think proper to admit, shall not be prohibited by the
Congress prior to the year one thousand eight huniired and eight ; but
a tax or duty may be imposed on such importation, not exceeding ten
dollars for each person.

2. The privilege of the writ of habeas corpus shall not be suspen-
ded, unless when, in cases of rebellion or invasion, the public safety
piay require it.

3. No bill of attainder or ex post facto Iom shall be passed.

4. No capitation, or other direct tax, shall belaid, unless in propor-
tion to the census or enumeration herein before directed to be taken.

5. No tax or duty shall be laid on articles exported from any State.
No preference shall be given by any regulation of commerce or rex'e-
nue to the ports of one State over those of another ; nor shall vessels
bound to or from one State, be obliged to enter, clear, or pay duties in

another.

6. No money shall be drawn from the Treasury, but in consequence

of appropriations made by law ; and a regular statement and account

of the receipts and expenditures of all public money shall be published
from time to time.

7. No title of nobility shall be granted by the United States ; and no
person holding any office of profit or trust under them, shall, without
the consent of Congress, accept of any present, emolument, office, or
title of any kind whatever, from any king, prince, or foreign State.

SECTION X.

No State shall enter into any treaty, alliance, confederation ; grant
letters of marque and reprisal ; coin money, emit bills of credit ; make
any thing but gold and silver coin a tender in payment of debts ; pass
any bill of attainder, ex post facto law, or law impairing the obligation
of contracts ; or grant any title of nobility.

2. No State shall, without the consent of Congress, lay any impost or
duties on imports or exports, except what may be absolutely necessary
for executing its inspection laws ; and the nett produce of all duties and
impost, laid by any State on imports or exports, shall be for the use of
the Treasury of the United States ; and all such laws shall be subject
to the revision and control of the Congress. No State shall, without the
consent of Congress, lay any duty of tonnage, keep troops, or ships of
war in time of peace, enter into any agreement or compact with anoth-
er State, or with a foreign power, or engage in a war, unless actually
invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.

SECTION I.

2. Each State shall appoint in such manner as the Legislature there-
of may direct a number of electors, equal to the whole number of Sen-
ators and Representatives to which the State may be entitled in the Con-
gress, but no senator, or representative, or persons holding em office of
trust or profit under the United States, shall be appointed an elector.

3. The electors shall meet in their respective States, and vote by ballot
for two persons, of whom one at least, shall not be an inhabitant ofthe
same State with themselves. And they shall make a list of all the persons
voted for, and of the number of votes for each ; which list tliey shall sign
and certify, and transmit, sealed to the seat of government ofthe United
States, directed to the president ofthe Senate. The President of the Se-
nate shall, in the presence of the Senate and House of Representatives,
open all the certificates, and the votes then shall be counted. The

person having the greatest number of votes shall be the President, U
such number be a majority of the whole number of electors appointed ;
and if there be more than one who have such majority, and have an
equal number of votes, then the House of Representatives shall immedi-
ately choose by ballot one of them for President, and if no person have
a majority, then from the five highest on the list, the said House shall in
like manner choose the President, but in choosing the President the votes
shall be taken by States, the representation from each State having one
vote ; a quorum for this purpose shall consist of a member or members
from two thirds of the States ; and a majority of all the States shall be
necessary to a choice. In every case, after the choice of the President, the
person having the greatest number of votes of the electors, shall be the
Vice-President. But if there should remain two or more who have equal
votes, the Senate shall choose from them by ballot the Vice-President.

4. The Congress may determine the time of choosing the electors,
and the day on which they shall give their votes ; which day shall be
the same throughout the United States,

5. No person except a natural born citizen, or a citizen of the United
States, at the time of the adoption of this constitution, shall be eligible
to the office of President ; neither shall any person be eligible to that
office who shall not have attained to the age of thirty-five years, and
been fourteen years a resident of the United States.

6. In case of the removal of the President from office, or of his death,
resignation, or inability to discharge the powers and duties of the said
office, the same shall devolve on the Vice-President, and the Congress
may by law provide for the case of removal, death, resignation, or ina-
bility, both of the President and Vice-President, declaring what officer
shall then act as President ; and such officer shall act accordingly, un-
til the disability be removed, or a President shall be elected.

7. The President shall, at stated times, receive for his services, a
compensation, which shall neither be increased nor diminished during
the period for which he shall have been elected, and he shall not re-
ceive within that period any other emolument from the United States,
or any of them.

8. Before he enters on the execution of his office, he shall take the
following oath or affirmation :

9. ^'- 1 do solemnly sivear (or affirm) that 1 will faithfully execute
the office of President of the United States, and icill, to the best of
my ability, f reserve, protect, and defend the Constitutio7i of the Uni-
ted States."

SECTION II.

The President shall be commander in chief of the army and navy of
the United States, and of the militia of the several States, when called

into the actual service of the United States, lie may require the opinion
in writing, of the principal officer in each of the executive departments,
upon any subject relating to the duties of their respective offices ; and
he shall have power to grant reprieves and pardons for]offences against
the United States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two-thirds of the Senators present
concur ; and he shall nominate, and by and with the advice and con-
sent of the Senate, shall appoint ambassadors, other public ministers
and consuls. Judges of the Supreme Court, and all other officers of the
U. States, whose appointments are not herein otherwise provided for,
and which shall be established by law. But the Congress may by law,
vest the appointment of such inferior officers, as they think proper, in
the President alone, in the courts of law, or in the heads of departments.

3. The President shall have power to fill up all vacancies that may
happen during the recess of the Senate, by granting commissions which
shall expire at the end of their next session.

SECTION III.

He shall from time to time give to the Congress information of the state
of the Union, and recommend to their consideration such measures as
he shall judge necessary, and expedient ; he may, on extraordinary oc-
casions, convene both houses, or either of them, and in case of disa-
greement between them, with respect to the time of adjournment, he
may adjourn them to such time as he shall think proper ; he shall re-
ceive ambassadors and other public ministers ; he shall take care that
the laws be faithfully executed, and shall commission all the officers of
I the United States.

SECTION IV.

The President, Vice-President and all civil officers of the United
* States, shall be removed from office on impeachment for, and convic-
tion of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SECTION I.

The judicial po\ver of the United States shall be vested in one su-
preme court, and in such inferior courts as the Congress may from
time to time ordain and establish. The judges both of the supreme
md inferior Courts, shall hold their offices during good behavior; and
3hall, at stated times, receive for their services a compensation, which
shall not be diminished during their continuance in office.

SECTION II.

Tile judicial power shall extend to all cases, in law and equity, ari-
sing under this Constitution, the laws of the United States, and treaties

made, or which shall be made, under their authority — to all cases affect-
ing ambassabors, other public ministers and consuls — to all cases of ad-
miralty and maritime jurisdiction — to controversies to which the Uni-
ted States shall be a party — to controversies between two or more States
— between a State and citizens of another State — between citizens of
different States — between citizens of the same State clainiing lands un-
der grants of different States — and between a State, or the citizens there-
of, and foreign States, citizens or subjects.

2. In all cases affecting ambassadors, other public ministers and con-
suls, and those in which a State shall be party, the Supreme Court shall
have original jurisdiction. In all the other cases before mentioned, tlie
Supreme Court shall have appellate jurisdiction, both as to law and fact ;
with such exceptions, and under such regulations as the Congress shall
make.

3. The trial of all crimes, except in cases of impeachment, shall be
by jury ; and such trial shall be held in the State where the said crime
shall have been committed ; but when not committed within any State,
the trial shall be at such place or places as the Congress may by law
have directed.

SECTION III.

Treason against the United States, shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and com-
fort. No person shall be convicted of treason, unless on the testimony
of two witnesses to the same overt act, or on confession in open court.

2. The Congress shall have power to declare the punishment of trea-
son, but no attainder of treason shall work corruption of blood, or for-
feiture, except during the life of the person attained.

ARTICLE IV.

SECTION I.

Full faith and credit shall be given in each State of the public acts,
records, and judicial proceedings of every other State. And the Con-
gress may by general laws prescribe the manner in which such acts,
records and proceedings shall be proved, and the effects thereof.

SECTION II.

The citizens of each State shall be entitled to all privileges and im-
munities of citizens in the several States.

2. A person charged in any State with treason, felony, or other crime,
who shall flee from justice, and be found in another State, shall on the
demand of the Executive authority of the State from which he fled, be
delivered up, to be removed to the State having jurisdiction of the crime.

3. No person held to service or labor in one State, under the laws
thereof, escaping into another, shall in consequence of any law or re-

gulation therein, be discharged from such service or labor, but shall be
delivered up on claim of the party to whom such service or labor may
be due.

SECTION III.

New States may be admitted by the Congress into this Union ; but
no new State shall be formed or erected within the jurisdiction of any
other State ; nor any State be formed by the junction of two or more
States, or parts of States, without the consent of the Legislature of the
States concerned, as well as of the Congress.

2. The Congress shall have power to dispose of and make all need-
ful rules and regulations respecting the territory or property belonging
to the United States ; and nothing in this Constitution shall be so con-
strued as to prejudice any claims of the United States, or of any partic-
ular State.

SECTION IV.

The United States shall guarantee to every State in this Union, a re-
publican form of government, and shall protect each of them against
invasion ; and on application of the Legislature, or of the Executive,
(when the Legislature cannot be convened) against domestic violence.

ARTICLE V.

The Conarress, whenever two-thirds of both Houses shall deem it ne-
cessary, shall propose amendments to this Constitution, or, on the appli-
cation of the legislatures of two-thirds of the several States, shall call a
Convention for proposing amendments, which, in either case, shall be
valid to all intents and purposes, as part of this Constitution, when rat-
ified by the legislatures of three-fourths of the several States, or by
Conventions in three-fourths thereof, as the one or the other mode of
ratification may be proposed by the Congress: Provided, That no
amendment which may be made prior to the year one thoussnd eight
hundred and eight, shall in any manner affect the first and fourth clau-
ses in the ninth section of the first article ; and that no State, without
its consent, shall be deprived of its equal suffrage in the Senate.

ARTICLE VI.

All debts contracted, and engagements entered into, before the adop-
tion of this Constitution, shall be as valid against the United States un-
der this Constitution, as under the confederation.

2. This Constitution, and the laws of the United States which shall
be made in pursuance thereof, and all treaties made, or which shall be
made, under the authority of the United States, shall be the Supreme
law of the laud ; and the judges in every State shall be bound thereby,

any thing in tlie Constiiution or laws of any State to the contrary not-
withstanding.

3. The Senators and Representatives before mentioned, and the
members of the several State Legislatures, and all Executive and
Judicial officers, both of the United States and of the several States,
shall be bound by oath or affirmation, to support this Constitution ; but
no religious test shall ever be required as a qualification to any office
or public trust under the United States.

ARTICLE VIL

The ratification of the Conventions of nine States, shall be sufficient
for the establishment of this Constitution between the States so ratifying
the same.
Done in Convention, by the unanimous consent of the States pre-
sent, the seventeenth day of September, in the year of our Lord
one thousand seven hundred and eighty-seven, and of the Inde-
pendence of the United States of America, the twelfth. In witness
whereof, we have hereunto subscribed our names.
GEORGE WASHINGTON,

President, and Deputy from Virginia.

New Hampshire
John Langdon,
Nicholas Gilman.

Massachusetts.
Nathaniel Gorham,
Rufus King.

Connecticnt.
William Samuel Johnson,
Roger Sherman.

New York.
Alexander Hamilton.

New .Jersey.
William Livingston,
David Brearly,
William Patterson,
Jonathon Dayton.

Pennsylvania.
Benjamin Franldin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Governeur Morris.

Attest :

Delaioare.
George Read,
Gunning Bedford, jun.
John Dickinson,
Richard Bassett,
Jacob Broom.

Maryland.
James M'Henry,
Daniel of St. Thomas Jenifer,
Daniel Carroll.

Virginia.
John Blair,
James Madison, jun.
North Carolina.
William Blount,
Richard Dobbs Speight,
Hugh Williamson.

South Carolina.
J. Rutledge,

Charles Cotesworth Pinckncy,
Charles Pinckney,
Pierce Butler.
Georgia.
William Few,
Abr. Baldwin.

WILLIAM JACKSON, Secretary.

AMENDMENTS TO THE CONSTITUTION.

ARTICLE I.

Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof, or abridging the freedom of
speech, or of the press, or the right of the people peaceably to assemble,
and to petition the government for a redress of grievances.

ARTICLE 11.

A well regulated militia being necessary to the security of a free State,
the right of the people to keep and bear arms shall not be infringed.

ARTICLE III.

No soldier shall, in time of peace, be quartered in any house without

the consent of the owner ; nor in time of war, but in a manner to be

prescribed by law.

ARTICLE IV.

The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be vio-
lated ; and no warrants shall issue, but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be search-
ed and the persons or things to be seized.

ARTICLE V.

No pei-son shall be held to answer for a capital or otherwise infa-
mous crime, unless on a presentment or indictment of a grand jury, ex-
cept in cases arising in the land or naval forces, or in the militia when
in actual service, in time of war or public danger ; nor shall any per-
son be subject for the same offence to be twice put in jeopardy of life or
limb ; nor shall be compelled in any criminal case, to be a witness
against himself, nor be deprived of life, liberty or property, without due
process of law ; nor shall private property be taken for public use with-
out just compensation.

ARTICLE VI.

In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district

wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature
and cause of the accusation, to be confronted with the witnesses asrainst
him ; to have compulsory process for obtaining witnesses in his favor ;
and to have the assistance of counsel for his defence.

ARTICLE VII.

"' In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved ; and no fact
tried by a jury shall be otherwise re-examined in any court of the Uni-
ted States, than according to the rules of the common law,

ARTICLE VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.

ARTICLE IX.

The enumeration in the constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

ARTICLE X.

The powers not delegated to the United States by the Constitution,

nor prohibited by it to the States, are reserved to the States, respectively,

or to the people.

ARTICLE XL

Tlie judicial power of the United States shall not be construed to ex-
tend to any suit in law or equity, commenced or prosecuted against one
of the United States by citizens of another State, or by citizens or sub-
jects of any foreign State.

ARTICLE XII.

The electors shall meet in their respective States, and vote by ballot
for President and Vice-President, one of whom at least, shall not be an
inhabitant of the same State with themselves ; they shall name in their
ballots the person voted for as President, and in distinct ballots the per-
son voted for as Vice-President ; and they shall make distinct lists of all
persons voted for as President, and of all persons voted for as Vice-
President, and the number of votes for each, which lists they shall sign
and certify, and transmit sealed to the seat of Government of the United
States, directed to the President of the Senate ; and the President of the
Senate shall, in the presence of the Senate and House of Representa-
tives, open all the certificates, and the votes shall then be counted ; tlie

person having the greatest number of votes for President, shall be the
President, if such number be a majority df the whole number of elec-
tors appointed ; and if no person have such majority, then from the
persons having the highest numbers, not exceeding three on the list of
those voted for as President, the House of Representatives shall choose
immediately, by ballot the President. But in choosing the Pre-ident,
the votes shall be taken by States, the representation Irom each State
having one vote ; a quorum for this purpose shall consist of a member
or members from two-thirds of the States, and a majority of all the
States shall be necessary to a choicfi. And if the House of Reprefen-
tatives shall not choose a President, whenever the right of choice shall
devolve upon them, before the 4th day of March next following, then
the Vice President shall act as President, as in the case of the death or
other constitutional disability of the President.

2, The person having the greatest number of votes as Vice Presi-
dent, shall be the Vice President, if such number be a majority of the
whole number of electors appointed ; and if no person have a majori-
ty, then from the two highest numbers on the list, the Senate shall
choose the Vice President : a quorum for the purpose shall consist of
two thirds of the whole number of Senators, and a majority of the
whole number shall be necessary to a choice.

3> But no person constitutionally ineligible to the office of President,
shall be eligible to that of Vice President of the United States.

RULES OF ORBER

FOR THE GOVERNMENT OF THE SENATE.

1. When the Speaker takes the chair, each member shall take his
seat ; and on the appearance of a quorum, the Journal of the preceding
day shall be read.

2. After the reading of the Journal of the preceding day, the Senate
shall proceed to business in the following order, to wit : 1st the receiv-
ing petitions, memorials, pension certificates and papers addressed either
to the General Assembly or to the Senate ; 2d, the reports of standing
committees ; 3d, the reports of select committees ; 4th, resolutions ; 5th,
bills ; 6th, bills, resolutions, petitions, memorials, messages, pension
certificates, and other papers on the table. Then the orders of the day ;
but motions and messages to elect officers, shall always be in order.

3. When any member is about to speak in debate or deliver any
matter to the House, he shall rise from his seat and respectfully ad-
dress himself to the Speaker, and shall confine himself to the question
under debate, and avoid personaMty. And when two or more mem-
bers happen to rise at once, the Speaker shall name the one who is first
to speak. No member shall speak oftener than twice on the same ques-
tion, without leave of the House. And when any member is speaking,
he shall not be interrupted by any person, either by speaking or by
standing, or passing between him and the Chair,

4. All Bills and Resolutions of a public nature, introduced, sliall pass,
as a matter of course, the first reading.

5. If any member, in speaking or otherwise, transgress the rules of
the House, the Speaker shall, or any member may call him to order ; in
which case the member so called to order shall immediately sit down,
unless permitted to explain ; and the House shall, if appealed to, de-
cide on the case, but without debate. If there be no appeal, the decis-
ion of the Ciiair shall be submitted to. If the decision be in favor of
the member called to order, he shall be at liberty to proceed ; if other-
wise, and the case require it, he shall be liable to the censure of the
House.

6. When a motion is made and seconded, no other motion shall be
reeoivcdv, unless it be to amend the main question, to postpone it to a

day certain, to postpone it indefinitely, to commit it, to let it lie on the
table, or to adjourn.

7. duestions may be stated by the Speaker sitting, but shall be put
standing. (Questions shall be distinctly put in this form : '•' Senators, as
many as are of opinion that (as the case may be) say Aye :" and after
the affirmative voice is expressed — " As many as are of a contrary opin-
ion, say No." If the Speaker doubt as to the voice of the majority, or a
division be called for, the Speaker shall call on those in the affirmative
of tlie question to rise from their seats, arid afterwards those in the neg-
ative. If the Speaker still doubt, or a count be required, the Speaker
shall name two members, one from each side, to tell the number in the
affirmative ; which being reported, he shall then name two others, one
from each side, to tell those in the negative ; which being also reported,
he shall state the division to the House, and announce its decision. No
member, who was without the bar of the Senate when any question was
put from the Chair, shall enter his Yea or Nay without leave, unless
he shall have been absent on some committee.

8. Wiien any member shall make a motion which is not of course,
he shall reduce the same to writing, if required.

0. In all cases of election by the House, die Speaker shall vote ; and
when on a division, there shall be an equal number of votes, the Speak-
er shall decide the question. In no other case shall he vote, unless his
vote, if given to the minority, will make the division equal ; and when
an equal division is produced by the Speaker's vote, the question shall
be lost.

10. No member shall depart the service of the House without leave,
or receive pay as a member for the time he is absent.

11. Petitions, memorials, and other papers addressed to the House
shall be presented by the Speaker, or by a member in his place ; a
brief statement of the contents thereof shall verbally be made by the in-
troducer, and the petition, memorial, or other paper shall not be read,
unless so ordered by the House.

12. Resolutions for the appropriation of public money, and all reso-
tions of a public nature, as well as all bills, shall be read the first time
for information ; and, upon this reading, shall not be subject to amend-
ment ; but may be amended on the second and third reading. And the
Clerk shall keep a calender of all such resolutions and bills, with the
orders taken on them, for the the inspection of the members of the
Senate.

13. All bills of a public nature, when ready for the second reading,
shall be noted to be read at least one day previous thereto : and then
shall first be read for information, and afterv/ards, paragraph by para-
graph, and held open for amsndmcnt.

14. After a bill has been once rejected, postponed indefinitely, or to
a day beyond the session, another of like provisions shall not be intro-
duced during the same session.

15. When a question has been once decided, it shall be in order for
any member in the majority to move for a reconsideration thereof on
the same or succeeding day, if the bill, resolution, or paper, upon which
the question has been taken, be in possession of the Senate.

16. The Speaker shall examine and correct the Journal before it is
read ; he shall have the general directions of the Hall ; he shall desig-
nate the members who shall compose all committees, except when oth-
erwise ordered ; and the select committees of this House shall consist
of five members.

17. There shall be appointed by the Speaker, the following com-
mittees, viz : a committee of propositions and grievances ; a committee
of privileges and elections ; a committee of claims ; a committee on
the judiciary ; a committee on Internal Improvement ; and a commit-
tee on Education and the Literary Fund, consisting of seven members
each.

18. When the House resolves itself into a Committee of the Whole,
the Speali:er shall leave the chair, and appoint a Chairman ; and when
upon any other occasion, the Speaker wishes to leave the chair, he shall
appoint a Speaker pro. tem.

19. When any petition, memorial or other paper addressed to the
House, shall have been referred either to one of the standing or select
committees^ they shall, in their report on the petition, memorial, or
other paper, make a statement in writing of the facts embraced in the
case so referred.

20. In case of any disturbance or disorderly conduct in the gallery
or lobby, the Speaker, or Chairman of the Committee of the Whole
House, shall have power to have the same cleared.

21 . No person, except members of the House of Commons, Officers
and Clerks of the two Houses of the General Assembly, Judges of 4he
Supreme and Superior Courts, officers of the State resident at the seat
of government, members of Congress, persons particularly invited by
tlie Speaker, and such gentlemen as have been members of either
House of the Legislature, shall be admitted within the Hall of the
Senate.

22. Any member dissatisfied with the decision of the Speaker on
any question of order, may appeal to the House.

23. When the House adjourns, the members shall keep their seats
till the Speaker leaves the chair.

. 24. On motion of adjourmnent^ the question sliall be decided with-
out debate.

25. The rules lor ths government of the Senate shall not be amen-
ded or altered, without giving at least one day's notice of such amend-
ment or alteration, except by the consent of two-thirds of the members
present.

AXDREW JOYNER,

Speaker of the Senate.
By Order: .

Thomas G, Stone, Cler/c.

RULES AND OIlDEIl

OF CONDUCTING BUSINESS IN THE HOUSE OF COMMONS.

Touching the Duty of the Speaker.

1. He shall take the Chair every day precisely at the hour to which
the House shall have adjourned, on the preceding day ; shall immedi-
ately call the members to order, and on the appearance of a quorum,
shall cause the Journal of the preceding day to be read.

2. He shall preserve decorum and order ; may speak to points of
order in preference to other members, rising from his seat for that pur-
pose ; and shall decide questions of order, subject to an appeal to the
House by any member; on which appeal, no member shall speak more
than once, unless by leave of the House.

3. He sliall rise to put a question, but may state it sitting.

4. Questions shall be distinctly put in this form, viz : " As many as
are of opinion that, (as the question may be,) say Aye:" and after the
affirmative voice is expressed, " As many as are of a contrary opinion,
say No." If the Speaker doubt, or a division be called for, the House
shall divide : Those in the affirmative of the question, shall rise from
their seats ; and afterwards those in the negative. If the Speaker still
doubt, or a count be required, the Speaker shall name two members,
one from each side, to tell the members in the affirmative ; which
being reported, he shall then name two others, one from each side,
to tell those in the negative ; which being also reported, he shall rise
and state the decision to the House.

5. The Speaker shall examine and correct the Journal before it is
read. He shall have a general direction of the Hall. He shall have
the right to name any member to perform the duties of the Chair ; but
such substitution shall not extend beyond an adjournment, except in
case of sickness.

6. All committees shall be appointed by the Speaker, unless other-
wise specially directed by the House.

7. In all elections, the Speaker shall vote. In other cases, he shall
not vote, unless the House be equally divided ; or unless his vote, if
given to the minority, will make the division equal : in case of such
equal division, the question shall be lest.

8. Tlie Speaker shall arrange the orders of the day unless the House
? shall otherwise direct.

9. All acts, addresses, and joint resolutions, shall be signed by the
Speaker ; and all writs, warrants and subpoenas issued by order of the

1 House, shall be under his hand and seal, attested by the Clerk.

10. In case of any disturbance or disorderly conduct in the galleries
(Or lobby, tiie Speaker (or Chairman of the committee of the whole)
{ shall iiave power to order the same to be cleared.

11 . No person shall be permitted to come within the bar of the House,
1 unless by the invitation of the Speaker or some member of the House.

12. Stenographers wishing to take down the debates, may be admit-
iiled by the Speaker, who shall assign such places to them on the floorer
;» elsewhere, to effect their object, as sliall not interfere with the conveni-
ence of the House.

Order of Business of the Day.

13. The unfinished business in which the House was engaged at the

1 last preceding adjeurnmcnt, shall have the preference in the orders of
1 the day ; and no motion or any other business shall be received with-
< out special leave of the House, until the former is disposed of All
'elections by the House, shall be viva voce, unless there be but one
inominee, in which case appointments may be made on motion.
Of Decorum and Debate.

14. When any member is about to speak in debate or deliver any
1 matter to the House, he shall rise from his seat and respectfully address

himself to the Speaker.

15. If any member in speaking or otherwise transgress the rules of
the House, the Speaker shall, or any other member may, call him to
order ; in which case the member so called to order, shall immediate-
ly take his seat, unless permitted to clear a matterof factor to explain ;

i and the House shall, if appealed to, decide on the case. — If there be no
i appeal, the decision of the Chair shall be submitted to. If the decision
i be in favor of the member called to order, he shall be at liberty to pro-
I ceed : if otherwise, and the case require it, he shall be liable to the
censure of the House.

1(3. When two or more members rise at the same time, the Speaker
: shall name the member to speak.

17. No member shall speak more than twice on the same question,
without leave of the House.

18. Whilst the Speaker is putting any question or addressing the
House, no person shall speak, stand np, or walk out or across the
House ; nor when a member is sp3aking entertain private discourse,
stand up, or pass between him and the Chair.

10. No mornbsr shall vote on any question, in the orent of which,
lie is immediately and directly interested, or in case where he was not
present when the question was put by" the Speaker. Upon a division
and count of the House on any question, no member without the bar
shall be counted.

20. Every member who shall be in the House when the question is
stated, shall give his vote, unless the House, for special reasons, shall
excuse him.

21. When a motion is made and seconded, it shall be stated by the
Speaker, or if written, it shall be handed to the Chair, and read aloud
by the Clerk, before debated.

22. Every motion shall be reduced to writing, if the Speaker or any
two members desire it.

23. After a motion is stated by the Speaker, or read by the Clerk, it
shall be deemed to be in posses sion of the Housa ; but may be with-
drawn before a decision or amendment.

21. When a question is under debate, no motion shall be received,
but to adjourn, to lay on the table, to postpone indefinitely, to postpone
to a day certain, to commit or amend ; which several motions shall
liave precedence in the order they stand arranged ; and no motion to
lay on the table, to postpone indefinitely, to postpone to a day certain,
to commit or amend, being decided, shall be again allowed on the
same day and at the same stage of the bill of proposition.

25. A motion to adjourn shall always be in order, except when the
House is voting, and shall be decided without debate.

26. When a question is postponed indefinitely, the same shall not be
acted upon again during the session.

27. Any member may call for a division of the question, when the
same will admit of it ; which shall be determined by the Speaker.

28. AVhen a motion has been once male, and carried in the affirma-
tive or negative, it shall be in order for any member ot the majority to
move for the re-consideration thereof, on the same or succeeding day.

29. When the reading of a paper is called for, which has been read
in the House, and the same is objected to by any member, it shall be
determined by a vote of the House.

30. Petitions, memorials, and other papers addressed to the House,
shall be presented by the Speaker, or by a member in his place ; a brief
statement of the contents thereof shall verbally be made by the intro-
ducer ; and shall not be debated or decided on the day of their being
first read, unless when the House shall direct otherwise, but shall lie
on the table to be taken up in the order they were read.

31. No bill, petition, memorial, or other papers that mfiy be introdu-

ced, shall be taken out of the possession of the House, or sent to the Se-
nate until the time for reconsideration shall have elapsed.

32. When the yeas and nays are called for on any question, it shall
be on motion before the question is put ; and if seconded, the question
shall be decided by yeas and nays ; and in taking the yeas and nays, or
on a call of the House, the names of the members shall be taken
alphabetically.

- 33. No member shall be called upon for words spoken in the House
but on the day they were spoken. Decency of speech shall be observed,
and personal reflections carefully avoided.

34. Any twenty members, including rhe Speaker, shall be authorized
to compel the attendance of absent members,

35. No member or officer of the House shall absent himself from the
service of the House, without leave, unless from sickness or inability
to attend.

36. Any member may excuse himself from serving on any commit-
tee at the time of his appointment, if he is a member of two standing
committees.

37. If any member shall be necessarily absent on any temporary bu-
siness of the House, when the vote is taken upon any question, on en-
tering the House, he shall be permitted upon motion to vote.

38. No standing rule or order shall be rescinded, altered, or suspend-
ed, without one day's notice given of the motion thereof; and to sus-
tain such motion, two thirds of the House shall be required.

Committees.

39. Six standing committees shall be appointed at the commence-
ment of the session, viz : A connnittee on claims ; a committee on pro-
positions and grievances ; a committee on education ; a committee on a-
griculture ; a committee on internal improvement, and a committee on
privileges and elections. Each of said committees shall consist of thir-
teen members, one from each Congressional district, to be appointed by
the members from the counties composing said district. In addition to
the above standing committees, the Speaker shall appoint another, two
members from each Judicial Circuit, to be denominated the committee
on private bill.

■ 40. A select standing committee consisting of nine members, shall
be appointed at the commencement of the session by the Speaker, and
be denominated " the committee on the Judiciary."

41. Select committees shall consist ol five members. It shall be the
duty of the person first named on any committee to cause the members
of the committee to convene when necessary ; and when so convened,
they shall appoint some one of their number chairman,
6

42. In forming a committee of the wliole House, the Speaker shall
leave his chair, and a chairman to preside in committee shall be ap-
pointed by the Speaker.

43. Upon bills committed to a committee of the whole House, the bill
shall be first read throughout by the clerk, and then again read and
debated by sections, leaving the preamble to be last considered; the
body of the bill shall not be defaced or interlined ; but all amendments,
noting the page and line, shall be duly entered by the clerk on a separate
paper, as the same shall be agreed to by the committee, and so reported
to the House. After report, the bill shall again be subject to be debated
and amended by sections, before a question on its passage be taken.

44. All questions, whether in committee, or in the House, shall be
propounded in the order in which they were moved ; except that in
filling up blanks, the largest sum and longest time shall be first put.

45. The rules of proceedings in the House shall be observed in a com-
mittee of the whole House, so far as they may be applicable, except the
rule limiting the times of speaking.

46. In a committee of the whole House, a motion that the committee
rise, shall always be hi order, and shall be decided without debate.

Of Bills, Resolutions, ^^c.

47. Every bill shall be introduced by motion for leave or by order of
the House on the report of a committee.

48. Every bill shall receive three several readings in the House pre-
vious to its passage ; and the Speaker shall give notice at each, wheth.
er it be the first, second or third. The first reading of a bill shall be for
information, and if opposition be made to it, the question shall be, " Shall
this bill be rejected?" If no opposition be made, or if the question to
reject be negatived, the bill shall go to its second reading without a
question.

49. Upon the second reading of a bill, the Speaker shall state it as
ready for commitment or amendment.

50. All bills shall be despatched in order as they were introduced, un-
less when the House shall direct otherwise; but no public bill shall be
twice read on the same day, without the concurrence of two thirds of
the members present.

51. All resolutions which may grant money out of the Treasury, shall
be treated in all respects in a similar manner with public bills.

52. When a bill is introduced to repeal a pubhc law, or any part
thereof, the law, or part intended to be repealed, shall be read at each
separate reading of the bill.

53. When a bill has been once rejected, no other upon the same sub-
ject shall be introduced again during the session.

54. The Clerk of the House shall be deemed to continue in office

{ until another is appointed.

! WILLIAM A. GRAHAM,

Speaker of the House of Commons.
By order

Charles Manly, Clerk.

JOINT RULES FOR BOTH HOUSES.

1. Each House shall perfect and finally act on all bills, resolutions
and orders, before the same shall be cammunicated to the other for its
concurrence ; and if amended in the House to which it is transmitted,
it shall be communicated to the House in which it originated, asking
the concurrence of that House in the amendment.

2. In any case of amendment of a bill, resolution or order, agreed to
in one House, and dissented to in the other, if either House shall request
a conference, and appoint a committee for that purpose, and the other
House shall also appoint a committee to confer, each committee shall
consist of an equal number, and they shall meet and stote to each other
the reasons of their respective Houses, for and against the amendment,
and confer freely thereon, and make a report in writing to their respec-
tive Houses, of the result of their conference,

3. Messages from one House to the other shall be sent by the clerk
assistant of each House, unless otherwise ordered.

4. When a message shall be sent from one House to the other, it
shall be announced at the door of tlie House to which it is sent by the
door-keeper, and shall be respectfully delivered to the Chair, by tlie
person by whom it may be sent.

5. After a bill shall have passed tlie House in which it originated, it
shall be under the sig-nature of the clerk, and engrossed under his direc-
tion and inspection, before it shall be communicated to the other House.

6. After a bill shall have passed both Houses, it shall be duly en-
rolled, on suitable paper, by the engrossing clerks, before it shall be pre-
sented for ratification.

7. When bills are enrolled, they shall be carefully examined by a
joint committee of two from the Senate, and four from the House of

^::

Commons, appointed at the meeting of the two Houses, each Monday
morning as a committee for jhat purpose, for one week, whose duty-
it shall be carefully to compare the enrolment with the engrossed bills,
as passed in the two Houses, and to correct any errors that may be
discovered in the enrolled bills, and make their report of the said bills
to the House.

8. After examination and report, each bill shall be ratified and signed
in the respective Houses ; first by the Speaker of the House of Com-
mons, and then by the Speaker of the Senate.

9. All orders, resolutions and votes of the Houses shall be examined,
engrossed and signed in the same manner as bills.

10. When a bill or resolution, which shall have passed in one House,
is rejected in the other, notice thereof shall be given to the House in
which the same may have passed.

11. Tiie committee in each House shall, in all cases, make a state-
ment of facts on which their report is founded ; which statement, with
all other papers on which any bill or resolution shall be formed, shall
be transmitted to the other House.

12. The Committee of Finance shall be joint, consisting of eight
members of each House. The Library Committee shall be a joint
standing committee, consisting of three members from each House
appointed by the Speakers thereof, respectively.

13. In all joirit committees, the member first named on the committee,
on the part of the House proposing to raise such committee, shall con-
vene the same ; and when met they shall choose their own Chairman.

14. Either House may make a reference to any joint committee, and
all reports shall be made to the House ordering such reference.

15. Whenever either House shall order any paper or document to
be printed, it shall be printed in octavo form, on good paper, and with
lair type, and shall be distributed in the following manner : One copy ^
thereof to each member of the General Assembly, one copy to the
clerks of each House for the use thereof, and ten copies shall be depo-
sited in the Public Library.

16. All elections requiring a joint vote shall be viva voce, and a
select committee of two members in each House shall be appointed to
superintend the same in their respective Houses. After the vote shall
have been taken, said select committees shall confer together and report
the result of such election to their respective Houses.

17. That the foregoing rules shall be permanent Joint Rules of the
Legislature of North Carolina, until altered or amended.

No. 3.

LEGISLATURE OF NORTH CAROLINA
Raleigh, November, 1838.

♦*-

REPORT

OF THE

PUBLIC TREASURER,

ON THE

STATE OF THE FINANCES

TRANSMITTED, ACCORDING TO ACT OF ASSEMBLY,
On the 22d November, 1838.

RAI.EIGH, W. C.

TH0MA9 LORINO, PRINTER FOR THE LEGISLATDRE.

183§.

Treasury Department, ?
November 22d, 1838 \

Sir:

I have the honor herewith to transmit to you, to be laid before
the General Assembly, a Report, prepared in obedience to an Act of
Assembly, entitled "An Act concerning the Treasurer of the State."
1 have the honor to be.

With great respect, Sir,

Your obedient servant,

DANIEL W. COURTS.
The Honorable the Speaker

Of the House of Commons.

Treaisury Department, ^

November 22d, 1838. I

To the Hon. the General Assembly of the State of N. Carolina :

In obedience to the directions of an act of the General Assembly,
entitled " An act concerning the Treasurer of the State," the Public
Treasurer respectfully submits the following Report.

I. Of the Public or unappropriated Revenue and expenditures.

The balance of cash in the Public Trea-
sury on the 1st day of Nov. 1835
was $46,856 30

The receipts of the ensuing fiscal year

ending on the 31st day of October,

1836, amounted to 539,559 94

To which add the sum of 2,670 38

Being the amount drawn from the In-
ternal Improvement Fund, to meet
a part of the disbursements of that
year, from the Public Fund, ma-
king an aggregate amount of 589,086 62

The disbursements during the same pe-
riod, amounted to 589,086 62

The receipts at the Treasury Depart- *

ment for the two last fiscal years,
that is from the 31st day of Oct,
1836 to the 1st Nov. 1838, amount
to six hundred and fifty-seven thou-
sand, five hundred and thirty -four
dollars and sixty-four cents ($657,
534 64) and consist of the follow-
ing items, viz :

Cash received from the Secretary of the
Treasury of the United States, be-
ing part of the Surplus Revenue
allotted to North Carolina, under
; ' the act of Congress of June 1836, to
defray the civil and contingent ex-
penses of the State, according to
an act of the last Legislature. 100,000 00

Do. ofthe Surplus Revenue with which
to redeem the scrip of the State,
sold to the Secretary of the Trea-
sury of the United States, lor the
benefit of the Cherokee Indians 300,000 00

Do. from Sherifts for Public Tax of
1836, being the ordinary Revenue,
payable into the Treasury in 1837,
and not specifically appropriated 71,356 56

Do. from the same, on account of addi-
tional returns of taxes (see state-
ment A) 336 49

Do. from the Bank of Cape Fear for
dividend of 8 per cent, on 10
shares of stock unappropriated, de-
clared Nov. 1836 80 00

Do. from D. Ij. Barringer, under a reso-
lution of 1835, in favor of said
Barringer and W. N. White 100 00

Do. from the Bank of the State of
North Carolina, for dividend of 4
per cent, profit on 4058 shares of
Stock, declared in Dec. 1S36 16,232 00

Do. from Whitmel Stallings, being the
amount overpaid by him as a mem-
ber of the General Assembly of
1832, owing to a mistake in the
Clerk's certificate 6 00

Do. from J. W. Bryan, being the am't.
overdrawn by him as a member
of the Legislature for 1836, owing
to a mistake in the Clerk's certi-
ficate 3 00

Do. from the Bank of Cape Fear, for
dividend of 2 per cent, profit on
ten shares of stock 20,00

Do. from F. J. Haywood, being the a-
mount of his two bonds given for
the purchase of part of the bushy
branch tract of land 424,87

Do. from Wm. H. Haywood, Jr. in dis-
chavcre of a claim of the State of

North Carolina against the State

Bank of North Carolina 17,464,83

Do. from Wm. H. Haywood, Jr. agent
for the adjustment of the claims of
this State against the General Go-
vernment, for the services of the
militia of the State and money
expended during the late war 30,000,00

Do. from the Merchants Bank of New-
bern for the tax of 25 cents on
each share of stock held by indi-
viduals in said Bank 562,50

Do. from the Bank of the State of North
Carolina for the tax of 25 cents on
each share of stock held by indi-
viduals in said Bank 2,250,00

Do. from the Bank of Cape Fear for
the tax of 25 cents on each share
of individual stock in said Bank 1,381,75

Do. from the State Bank of North Car-
olina a.sl]m&nf^ dividend of 6 per
cent, of 2^78 sliares of capital stock
owned by the State in said Bank 16,608,00

Do. from the Bank of Newbern as the
jEinal dividend of 10 and 1-5 per
cent, of 1818 shares of capital stock
in said Bank 18,543,60

Do. from the Bank of Cape Fear for di-
vidend No. 57 of 7 per cent, profit
on 10 shares of stock in said Bank
unappropriated 70,00

Do. from Joshua Roberts, Treasurer of

the Buncombe Turnpike Company 925,00

Do. from Bank of Cape Fear dividend
of 4|- per cent, on 10 shares of ,
stock in said Bank 45,00

Do. from the Merchants Bank of New-
bern as the tax of 25 cents on each
share of stock held by individuals
in said bank, payable in 1838 562,50

Do. from Sheriffs for public tax of 1837
l>eing the ordinary revenue paya-

Do.

ble in 1838 and not specifically-
appropriated 77,176,43
from the same on account of addi-
tional returns of taxes (see state-
ment A.) 636,11
from the Bank of the State of North
Carolina as the tax of 25 cents on
each share of individual stock in
said bank, payable in 1838 2,250,00
Do. from the same as the purchase mo-
ney for one-half of lot No. 192 in
the city of Raleigh, belonging to
the State 500,00
Which form an aggregate amount of
The disbursements from the Public
Fund for the same period, that is,
from the 31st of October 1836 to
the 1st day of November 1838,
consist of the following items, viz :
This sum repaid to the Fund for Inter-
ternal Improvements ; that amount
of this Fund having been hereto-
fore used for the purposes of the
Public Fund 2,670,38
Paid S. F. Patterson, Commissioner to
purchase in the Scrip of the State,
from the Secretary of the Treasu-
ry of the United States upon the
warrant of the Governor 300,000,00
« General Assembly 39,409,57
" Treasury Notes burnt by Com-
mittee of Finance 1,552,91
« Judiciary 52,875,08
« Rebuilding Capitol 138,026,05
" Public Printing 4,002,43
" Contingencies 31,080,19
" Executive Department, 4,675,00
" Treasury « 4,000,00
" Department of State 1,600,00
« Comptroller's Department 2,000,00
« Adjutant General's office 400,00
" Governor's House and Lot 5.057.85

$657,534,64

" N. J. King- one of the Commission-

ers for the survey of the Cherokee

Lands 14,750,00

« Interest on State Loan 11,500,00

« Council of State 261,00

" Sheriffs for comparing Senatorial

Polls 206,68

" Sheriffs for Convention Returns 43,16

«• « for Settling Public Tax 2,053,20

» " for Governor's Election 862,37

" •' for Congressional " 520,49

« " for Electoral " 1,281,51

" Bogue Banks 55,85

« Pensioners ' 773,75

" Electors 410,60

Making an aggregate amount of 620,068,07

Which deducted from the amount of
receipts, leaves a balance in the
hands of the Public Treasurer on

the 1st day of Nov., 1838, of 37,466,57

For a more detailed exhibit of the items
constituting the foregoing disburse-
ments, the Comptroller's statement
usually furnished for the use of the
Members of the General Assembly,
is respectfully referred to.

11. Of the Literary Fund.
The balance of cash in the hands of
the Public Treasurer as Treasurer
of the Literary Fund, on the 31st
of October, 1836, as reported to the
General Assembly of that year, was 3,845,09

The receipts at the Treasury Depart-
ment, of money belonging to this
Fund for the two last fiscal years,
that is, from the 31st day of Oct.
1836, to the 1st day of Nov. 1838,
amount to six hundred and seven-
ty-nine thousand, one hundred and
thirty-nine dollars and fifty-three
cents, (679,139 53)

. ^ 8

,*i ' __^ . .. .

And consist of the following items, viz:
Cash received from sundry Auctioneers,

for tax on sales at auction 1,754 05

" from the Roanoke Navigation

" Company, for dividend of 2 per
cent, on 500 shares of stock, appro-
priated to this Fund 1,000 00

" from Bank of Cape Fear, for divi-
dend of 8 per cent, profit on 704
shares of stock, appropriated to this
Fund, declared 21st Nov., 1836 5,632 00

" from the same, for dividend of 8
per cent, on 50 shares of stock be-
longing to this Fund 400 00

" for entries of vacant land 10,938 00

" from the Bank of the State of

North Carolina, for dividend of 4 . *

per cent, on 1,941 shares of stock

belonging to this Fund, declared

Dec. 1836 7,768 00

" from the Bank of Cape Fear for
dividend of 2 per cent, on 704
shares of stock, appropriated to
this Fund 1,408 00

" from the same for dividend of 2
per cent, on 50 shares of stock,
belonging to this Fund 100 00

" ' that part of the Surplus Revenue
appropriated to this Fund by the
last Legislature, for the subscrip-
tion for stock in the Bank of Cape
Fear, and for draining the Swamp
Lands of the State 500,000 00

" this sum repaid by the Fund for
Internal Improvements, that amount
having been heretofore transferred
from this to the Fund for Internal
Improvement, to meet a claim up-
on the latter Fund, from the Wil-
mington and Raleigh Rail Road,

upon a draft of the Governor 34.828 13

Cash as principal repaid on loans made
by the President and Directors of
the Literary Fund, to sundiy indi-
viduals and Corporations, under
an act of the last Legislature 14,818 00

" tax on retailors of spirituous li-
quors, for the year 1836, payable
in 1837 2,885 80

" tax oil Do. for 1837 payable in

1838 2,953 91

" from the Bank of the State of
North Carolina, for dividend of
one-fourth, of one per cent, on 5000
shares of stock, owned by this
Board 1,250 00

" this sum from the President and
Directors of the Literary Fund, as
interest on loans made by them to
sundry individuals and Corpora-
tions 14,858 69
" from the President and Directors
of the Fund for Internal Improve-
ments as interest on loans made by
them, appropriated to the Literary
Fund 18,114 75
" interest for advanced payment in
the late subscriptior} for stock in
the Bank of Cape Fear 6,750 00
" from the State Bank of North Ca-
rolina, as the final dividend of 6 per
cent, of 282 shares of capital stock,
belonging to the Literary Fund 1,692 00
" from the Bank of Newbern, the
final dividend of 10 and 1-5 per
cent, of 141. shares of capital stock
held by the President and Direc -
tors of the Literary Fund 1,438 20
" from the Bank of Cape Fear divi-
dend No. 57 of 7 per cent, on 2,000
shares of stock belonging to this
Fund 14,000 00
" Georare M'^Npil, Aorent for the

Cape Fear Navig-ation Company,
dividend of 1 per cent, on 650
shares of stock in said Company 650 00

from the Bank of Cape Fear, divi-
dend of 4^ per cent, on 2,000 shares
of stock 9,000 00

Cape Fear Navigation Company
dividend of 1 per cent, on 650
shares of stock 650 00

from the Bank of the State of North
Carolina, dividend No. 6 of 5 and
^ per cent, on 5000 shares of stock
belonging to this Fund 26,250 00

Making an aggregate amount of 679,139 53

Which added to the balance before sta- .

ted, make the sum of $ 682,984 62

The disbursements from this Fund for
the two last fiscal years, are as
follows :
Cash paid for 3000 shares of stock in

the Bank of Cape Fear 300,000 00

" refunded to John and Thomas
Webb, being the amount overpaid
by them on entries of vacant land 7 60

" transferred to Internal Improve-
ment Fund, by direction of the
President and Directors of the Lit-
erary Fund 34,828 13
-i paid sundry individuals and cor-
porations, being amount loaned by
the President and Directors of this
Fund, under the act of the last
General Assembly 282,627 00
" paid charges of the Board 1,370 24
" paid the Bank of Cape Fear for
207 shares of stock subscribed for
by this Board 20,700 00
" paid for draining Mattamuskeet

Lake 8,000 00

« paid Isaac Croom, for tax fees re-

turned to this office by the Clerk of
the County Court of Wayne under
an act of the General Assembly
of 1822 ' IS 00

Cash for draining the Swaftip Lands of

the State 8,148 64

Making the sum of 655,699 61

Which deducted from the amount before
stated, leaves a balance in the hands
of the Public Treasurer as Trea-
surer of the Literary Fund, on the

1st Nov., 1838, of 27,285 11

III. Of the Fund for Internal Ijnprovements.

The balance of cash in the hands of the
Public Treasurer as Treasurer of
the Fund for Internal Improvement
on the 31st of Oct., 1836, as report-
ed to the General Assembly of that
year, was 34,747 51

The receipts at the Treasury Depart-
ment on account of the Fund for
Internal Improvements for the
two last fiscal years, that is, from
the 21st Oct, 1836 to the 1st Nov.
1838, are as follows :
I Cash received from the Public Fund
being the amount heretofore drawn
from this Fund to meet charges
upon the Public Fund 2,670 38

" received from the Bank of Cape
Fear as dividend of 8 per cent, on
1358 shares of stock, dividend ap-
propriated to this Fund 10,864 00
" from sundry persons on bonds giv-
en for the sale of Cherokee lands
1,534 42 of which was paid by
\' the commissioners for the sale in

1836 8,124 39

" from N. Edmonson, Commission-
er for the sale of Cherokee Lands
in 1836, being one-eighth of the

purchase money 3^253 11

« from the Bank of Cape Pear for
dividend of 2 per cent, on 1358
shares of stock 2,716 00

" being part of the Snrpkis Revenue 533,757 39

<' as principal repaid on loans made
by the President and Directors of
this Fund 251,000 00

^' from the Literary Fund to meet
the demand of the Wilmington
^nd Raleigh Rail Road Company
by a warrant of the Governor 34,828 13

" received from the Bank of Cape
Fear as a premium on part of the
Surplus Revenue deposited with
said Bank 965 60

•" from the same for dividend No. 57
of 7 per cent, on 112 shares of
•stock, belonging to this Fund 784 00

" from James W. Gwinn collected
by him, on sundry bonds given
for Cherokee Lands 11,295 00

'• Thomas L. Clingman collected by

him as above 2,860 00

*' From the Bank of Cape Fear, divi-
dend of 4| per cent, profit on 112
shares of stock. 504 00

Making an aggregate amount of 863,621 00

Which added to the above balance ■

makes the sum of 898,368 51

The disbursements from this fund for the

same period, are as follows :
Cash paid N. Edmonson, Commissioner

for the Sale of Cherokee Lands 390 87

" Hybart and Strange for advertising

Cherokee Lands 6 00

Humphrey Posey, per resolution of the

General Assembly of 1837 150 00

" charges of the Board, Clerks (fee. 79125

" paid the Wilmington and Raleigh
Rail Road Company, being tiie

subscription for stock under an act
of the last Legislature 300,000 00

" paid this sum, loaned by the Pres-
dent and Directors of this Fund
to sundry individuals and Corpor-
ations 549,450 00
" this sum repaid to Literary Fund 34,828 13
" paid John L. Smith, for the con-
struction of a road, from Franklin
in Macon county, to the Georgia
Line 9,000 00
Which together amount to the sum of 894,610 25
And deducted from the foregoing a-
mount, leaves a balance in the hands
of the Public Treasurer as Treasu-
rer of the Fund for Internal Im-
provement, on the 1st day of

Nov. 1838, of 3,752 26

All the disbursements made at the Treasury Department, during
the two years, it is believed are sustained by proper vouches, which
will be found on file in the Comptroller's office.

RECAPITULA TION.

The foregoing statements show a balance of cash on hand on the 31st

of Oct. 1838 as follows, viz :

Amount as Public Treasurer 37,466 57

Ditto, as Treasurer of the Literary Fund 27,285 11

Do. as Treasurer of the Fund for Internal Improve-
ments 3,752 26

Making an aggregate of 68,503 94

With which the Public Treasurer as such, and as Treasurer of the
Literary and Internal Improvement Funds, stands charged on the
Books of this Department ; and for which, he is therefore accountable
on the 1st day of Nov. 1838.

This amount is disposed of (as directed by law) in the following man-
ner:

Deposited in the Bank of the State of North Carolina at Raleigh, and
remaining at the credit of the Public Treasurer
on the 31st Oct. 183S 40,070 28

Do. ill tlie Bank of Cape Fear at Raleigh, on the same

day 26,821 IS

Worn Treasury Notes, silver change, (fcc. in the vault

of the Treasury 1,612,48

Making an aggregate amount of 68,503 94

It will be seen from the foregoing statement, that at the close of the
fiscal year ending the 31st of October, 1836, the Public Fund was en-
tirely exhausted, and had in fact, become debtor to the Fund for Inter-
nal Improvements, for the sum of two thousand, six hundred and sev-
enty dollars and thirty-eight cents, ($2,670 38) as was shown by the
last report of the late Public Treasurer.

You will discover also, that, under the authority given me by the
last Legislature, I appropriated to the purposes of the Public Fund, one
hundred thousand dollars of the Surplus Revenue, received from the
United States. I did not, however, exercise the further authority giv-
en me to borrow fifty thousand dollars from the Banks of the State to
meet the disbursements from this Fund. But preferred using, as I did
for that purpose, the money belonging to the Literary and Internal Im-
provement Funds, to paying interest on the amount it thus became
necessary to use. The proper amounts were restored to these Funds
respectively, when upon the cpming in of the Revenue, the Public
Fund was sufficiently replenished to do so.

As this is your first session, since the enactment of the present law,
providing a new mode of assessing the lands in this State for taxation,
I have with the view of showing the operation of the law, and that you
may judge of the extent to which it has accomplished the purpose for
which it was designed, annexed the accompanying table.

This Table exhibits the number of acres listed for taxation in each
county, in 1836, which was the last year of the operation of the late
law, the aggregate valuation, and the average value per acre, and also,
the number of acres listed in each county in 1837, when the present
law was in operation, the aggregate valuation, and the average value
per acre, as well as the number of acres listed throughout the State, at
each period.

A comparison of these two years as indicated by this table, will show,
it is believed, with sufficient distinctness, what change the present law
has eflfected.

It will thus be perceived, that the number of acres listed throughout
the State in 1837, exceeds the number listed in 1836, by three millions
five luindred and four thousand, two hundred and .sixty-one acres.

And, that this great difference is owing more to the agency of the pre-
sent law, than to the additional number of acres that was granted in
the State from the first of April, 1836, to the first of April, 1837 ;
which would have been the difference, had all the lands that were sub-
ject to tax in both those years been listed as the law required, is shown
by the fact, that from a careful examination, it has been ascertained,
that the number of acres granted between those periods, was only one
hundred and twenty-one thousand and sixty five. And the ao-o-reo-ate
valuation throughout the State in 1837, is found to exceed that of
1836, by eleven million, nine hundred and sixteen thousand, four hun-
dred and seventy-eight dollars.

It may be proper to remark, that the tax on lands has decreased eve-
ry year since 1820, the time at which the late law went into operation,
until 1835, when there was an increase of a few hundred dollars over
that of the preceding year ; and again, in 1837, a similar increase over
that of 1836. The amount received this year from this source, which
is the first under the present law, shows an increase of about six thou-
sand dollars.

But, as the great object of the act was to subject to a fair contribu-
tion for the support of Government, all the lands if possible, in the
State, that was liable to tax, from an impression, that under
the abuses growing out of the old system, a portion paid too small a
tax, and much of it paid none whatever. It becomes important to as-
certain how much land there was in the State, that was liable to a tax,
at the time of listing the lands in 1837, and compare that quantity,
with the number of acres actually listed and assessed in that year. —
With that view the Table is made to exhibit all the lands that had been
granted in each county in the State, down to the 1st of April, 1837.

In arriving at this, reference was had to a former report, made from
this office by Mr. Mhoon, which showed the number of acres that
had been granted in the State, as far down as the beginning of the year
1833. And combining with that, the number that has been found to
have been granted from that period to the 1st of April 1837. The re-
sult shows, that the quantity listed in the latter year, is less than it
should have been by more than fifteen millions of acres. And valuing
all the lands in the State, at the same rate at which they were valued,
under the act of Congress in 1815, which may be regarded as a fair
standard. The valuation of 1837, falls below what it should have
been by more than five millions of dollars, and the nett revenue, from
this source should have been increased by about three thousand dollars.
In this table no reference is made to the additional returns of tii^^ from

the difficulty of obtaining correct data, particularly as to the number
of acres on which they are based ; it is apparent however that they
would vary these results but very little.

It appears also, that while more than a million and a half of acres
have been granted since 1815, that the valuation now, is less than
that of 1815, by nearly two and a half millions of dollars, according to
the assessment of 1837.

In order to ascertain whether all the counties had taken the neces-
sary steps to carry out the provisions of this act, a circular letter was
addressed to the Clerks of the several County Courts from this office,
upon the subject. Answers from nearly all of them have been received ;
from which it appears, that the counties of Chowan, Duplin, Colum-
bus, Bertie, Craven, Onslow, and Sampson, did not execute the law in
1837, in consequence of the acts of the last Legislature not reaching
them in time to do so. The most of these however, assessed their
lands in 1838, according to the provisions of this act/^' '^t

Having thus presented the subject in such of its bearings as seemed
obviously to fall within the province of this Department, it may not be ■
improper upon dismissing it to remark, that the most general objection
urged against the law by the community, appears to be, the want of
uniformity of valuation under it, not only in the same county but very
frequently in the same neighborhood. Which results from the fact,
that the assessors appointed for each tax district, act at every stage of
their proceedings, without any concert with those appointed for the
other districts in the same county.

It is therefore respectfully suggested, that the inequality necessarily
growing out of this state of things, should be corrected by some tribu-
nal established by law for that purpose.

In pursuance of the act of the last Legislature, providing for the re-
demption of the scrip issued by the State, I transferred on the 1st day
of February, 1837, to the Trustees of the University of North Caroli-
na, one thousand shares of stock belonging to the State, in the Bank of
the State of North Carolina, and took up the scrip of the State, for one
hundred thousand dollars. Subsequent to the transfer, a question arose,
whether this Stock, having ceased to be the property of the State, was
not like all other stock held by individuals in the Banks of this State,
subject to an annual tax of 25 cents on each share ; or whether it was
not the wish of the Legislature, that it should be exempted from tax ;
as by an act of 1789, all the property of the University was exempted
from taxation, to say nothing of the constitutional injunction upon the
Legislature, to foster such an institution — and consequently, of the
seemingly idle ceremony of the State, giving to it in one breath, andta-

king back in the shape of taxes, in the next. As the question seemed to
address itself more properly to.the Legislature, it was deemed best to
bring it at once before you. In the mean time, the Trustees have execu-
ted their obligation to the Public Treasurer, to pay the tax, should the Le-
gislature indicate a preference for that course. The other State Scrip
which had been sold to the Secretary of the Treasury of the United
States, for the benefit of the Cherokee Indians, amounting to th^ee hun-
dred thousand dollars, has been redeemed, by the payment of the prin-
cipal, and interest of 5 per cent, from the 1st of August 1836 to the
6th ef March 1837, inclusive. This Scrip as well as that redeemed
from the University, is deposited in this office.

I have received from the Secretary of the Treasury of the United
States, the three first Instalments of the Surplus Revenue, allotted to"
North Carolina, under the act of Congress of June 1836, amounting to-
gether, to the sum of Fourteen hundred and thirty three thousand, se-
ven hundred and fifty seven dollars, and thirty-nine cents, (1,433,757
39.) The disposition of which, in accordance with the directions of
the last General Assembly, is shown by the tabular statement.

Such of the bonds given for Cherokee Lands, as were required to be
put in suit, have been placed in the hands of Attorneys for that purposp.
And notwithstanding some ^tnbarraggment was experienced upon th^
general suspension of the Banks, as to the proper course to be pursued^ Y
growing out of the implied restriction of the resolution of the last Le^
gislature upon this office, as to the receipt of the notes of non-specie
paying Banks out of the State, as the circulation of that section of
the State, consisted almost entirely, at that time, of the paper curren{^y
of South Carolma and Georgia ; yet, a considerable sum has been col-
lected in funds, that have been so managed as to be rendered available
at this office. And it is believed, that with a few exceptions, the whole
of this description of bonds, will be collected during the ensuing winter
and spring.

The amount was received in gross sums ; from one of the two gen-
tlemen charged with the collection cf these bonds, witheut having with
him at the time, the means of distinguishing the precise amount received
from each debtor. This evidence will be furnished in a few days, when
la detailed statement of the whole, showing the sum received from each
lindividual, will be immediately presented to the Legislature.

The act of 1784, regulating the payment of pensions out of the Trea-
!3ury of the State, requires every year, a certificate of the Court of the
County in which the applicant resides, to the General Assembly ; of his
continued inability &,c. to procure a subsistance, and that that certificate
l>hall be countersigned by the Speakers of the two Houses, to make it a

sufficient authority for the paym^it of the money. From the construc-
tion that has been placed upon this act, some amendment is believed to
be necessary, now that tlie system has been changed from annual to
biennial sessions of the Legislature, in order fully to carry out the hu-
mane purposes for which the act was passed.

Upon the opening of the books of subscription for an increase of the
capital stock in the Bank of Cape Fear in the month of April, 1837,
I subscribed, under the act of the last Legislature, entitled " An Act
concerning the Bank of Cape Fear," for three thousand shares ol stock,
in behalf of the Literary Fund ; paying therefor, three hundred thou-
sand dollars, and in April last received from the Bank, the sum of
six thousand, seven hundred and fifty dollars, as interest on the
advanced payment.

In the month of October, 1837, Dr. J. F. E. Hardy, who had been
for some time the State Director in the Buncombe Turnpike Company,
resigned that appointment. And under the provision of the charter
of the Company, giving the authority to the Public Treasurer to fill
such vacancies, I issued a commission to James W. Patton of Bun-
combe, who had been highly recommended, as a suitable agent to rep-
resent the interests of the State.

Since the last report from this^ffice, qjie half of lot 192, as desig-
nated in the plan of the city of Raleigh, belonging to the State, has
been sold to the Bank of the State, for five hundred dollars, as shown
by the tabular statement. And lots No. 188 & 189, had been sold by my
predecessor, to George Little, for the sum of seven hundred dollars, for
which, he executed three bonds now on file in this office, for $ 233 33^
each, with security, bearing date the 17th of January, 1837, payable on
the 17th of January, 1838-39 and 40 respectively. I have received also
from N. Edmonson, Commissioner for the sale of Cherokee lands in 1836,
a bond for $ 3 12^, accidently omitted in his settlement.

Much credit is again due the Sheriffs, for the punctuality with which
they have accounted for the public tax of the two last years.

Copies of such Bank exhibits, as have been received at this office,
since the last session, are hereto annexed, and such others as may be
received during the session, will be immediately presented.

The accompanying statements marked from A. to J. inclusive, give
such information on the subjects to which they relate, as the books of
this Department furnish, and contain, it is believed, all that the act reg-
ulating the Treasury Department requires.
All which is respectfully submitted,

DANIEL W. COURTS. Public Trecmrrcr.

Statement of Cash received in the Treasury, from the 3lst day of October, 1836,
to the 1st day of November, 1838, in additional returns of Taxes.

Willie Jones
Thomas L. Lea
Neill McAlpin
John Harman
S. M. Smithwick
Thomas Wilson
George Philips
James Wood (late)
Thomas Ward
William Carson
William D.'Petway
Wiliiara D. Rascoe
John McLean (late)
S. W. W. Vick
Young H. Allen
Eben. Hearne
James W. Doak
Samuel Tury
Salathiel Stone
Robert B. Davis
William Wilkins
James Q,uin
John M. Smith
Edward J. Peebles
Joshua A. Pool
William Merry (late)
John Freeman
Leslie Gilliam
Geo. W. Melvin
Alex'r. Johnson
James C. Turrentine
William Hankins
Edward K. Jiggitts
Henry S. Spence

COUNTIES

WHEN DDE

' Warren
J Casw^ell
J Rebeson
} Chatham
} Martin
J Yancy
J Ashe
t Northampton

* Lincoln

' Rutherford

* Edgecombe
I Chowan

{ Cumberland

] Nash

{ Montgomery

J Guilford
} Richmond
J Stokes
j Washington
] Rutherford
J Lincoln
{ Davidson
I Northampton
J Pasquotank
J Camden
J Bertie
J Granville
} Bladen
{ Cumberland
i Orange
] Brunswick
{ Hertford
\ Hyde

1835
1834-5 & 6

a u ki
1835

1835-6

1830-1-2-3-4 & 5

1835
((

1834 «&. 5

1835 & 6
li

1836

1235 & 1836

AMOUNT PAID

1834-5 &, 6
1836

100

50 91

24 09

26 79

111

- 6

S972

_60

Statement of Cash received in the Treasury on the Bonds due on account of
of Sales of Cherokee Lands, from the 31st day of October, 1836, to the 1st
November, 1838, exclusive of the amount received from Messrs. Clingman
t and Gwinn, as Attorneys} belonging to the Board of Internal Improve-
ment.

PROM WHOM RECEIVED.

BONDS PAID.

j AMOPNT.

Dec. 1 \ John Gribble,

10 I William Cathey,
12 I Thomas Shepherd^

i Elijah Shepherd,

i Jacob Mason.
i Charles Stiles,
i Thomas Monteath^.
i Nathan Pelkinton,
i Wm. R.Buchanan,
i Joseph Buchanan,

J Dempsy Raby,

J u u

i James Buchanan, Jr.

:« Abraham Wiggins. Jr.
5 T^v ixrii^^..

John Wilson,
Wm. Cockerham,

Daniel West, ,

Thomas West,

Wm. West, ' .

Moses Hall,
(I i(

Wm. Morrison,

(f u

Thomas Ammons,
Nimrod S. Jarrett,

I Polly Davis,

* Samuel Bryson,
I Benj. Trammel,
i Wm. Kinsey,

i Henderson Sandey,
{ Samuel Lovingood,

I "

♦ Nathaniel Carroll,
J Amos Ledford,

J Michael Waters,
i Wm. Barnes,

xn part.

in full.

4th
3rd
1 2

Instalment. I

3«fe4

71 OO
100 00
10 61
10 21
10 2l
10 14
10 ]4
10 14
10 14
10 14

10 14
21 28

11 14
10 14
10 14

10 14

11 19
14 75
16 20
10 19

12 61
16 52
20 28
10 14
10 23
n 75

14 02
10 14
12 96

10 14

11 73
27 34
10 14
10 94

12 06
10 14

15 21

10 60

11 81
11 75

16 63

16 17

13 98

11 14

14 56
10 14
10 14

17 00
10 14

10 14

12 66

11 14
19 96

STATEMENT B. — CONTI.NUED.

Dec. 12

Wm. Barnes,
Jesse Burrell,
James Fouts,

i David Johnson,
i Jacob Shope,
j Travis Elmore,

{ John Corbin,

J Matthew Davis,
j James Russell,
{ George Penland,
{ George T. Ledford,
i Samuel T. Jannison,

Ezekiel Dowdle,
Wm. Roan,
David McConnel,
Ephraem Ammons,

J Silas McDowell &
i E. Ammons,
i Thomas Welch,
i « ('

i (C if

; Benj. S. Brittain &
J John Hall,

Robert Ensly,

{ Eli Ritchie,

i Thomas Gribble,

*4 Samuel Harrison,

* John Tatham,

{ Jaraes Connelly,

j Hugh Gibbs,

» John Hooper,

i Abraham Picklesimer

{ John Hyde,

Joseph Young,

i John Hyde,

{ Alexander Cresp,

David Rogers,
John Murray,
Wm. Parker, Sen.

in full. ; 12 3 & 4 Inst.

i u

m part.

i in full.

5 in part.

J in full.

J in part.

i u

i in full.

i in part.

i "

i in full.

{

4th

1st

4 th

4th

17 39

14 18
31 00
10 14
10 99
19 98
13 79

10 14

11 14
10 14

24 51
28 57

13 98

10 14
16 14

12 24
16 29

11 11
16 20
23 49
10 14
18 54

12 27
10 19
12 39
10 14
12 IS
32 90

15 18

46 00

14 18
10 43

14 59

25 92
21 43

14 93
32 48
12 81

4 29
31 55
30 41
40 96
89 70

16 00
25 00

15 00
10 00
12 00
12 12
43 54
18 46
53 55
36- 45

250 00

20 79

9 21

133 00

25 00
27 27

26 29
25 31

STATEMENT B. — CONTINUED.

Dec.l2

1837
Jan. 5

Benjatnin S. Bnitain,

William Rogers,
John Gibbs,

Jacob Siler,
Jessee D. Siler,

j Joseph Davis,

* James Ledford,

I Samuel Kelly

I Benjamin S. Brittain,

I u u

I Elijah Johnson,

'» Charles McLean
i George Dickey,

j S. Enlow for
♦ A. Enlow
5 Henry Wilson,
i James Hooper,
{ Samuel Gipson,

i Joseph Buchanan,
J Jacob Slier,
i Robert Fox,

Adam Corn &
Jacob Trammel,
Isaac Ashe for
John Stiles,
Robert Philips,
William A. Brittain,
John Ledford for }
John Stevenson, ^
John Battle,

Thomas Love, Jr.

John Gribble,
William Cathey,
John Bell,

John Stephenson,

(I c

Enos Shields,
William A. Brittain.
Sfimuel Smith,

in lull. J 1 2 3 & 4 last.

\
J

J in part.
' in full.

}

in part.

\ in full.

J in part.

J in full.

I in part.

in full,
in part.

William Roger,
Richard Wilson,

"A. Corn & J, Trammel >
by John Bryson, Sen. >
Joseph Shepherd,

\ in full.

\ in part.

{ in full.
t

i in part.

I in full.

i in part.

{ in full.

in part,
in full.

in part.

in full,
in part.

4th

1st

4th

3d
4th

2d
3d
1st
1st
2d
3d
2d

4 th

4th

1st

4th

1st

4th

Iff 37

10 14

14 93

54 48

1-51

35 98

29 02

19 00

50 79

37 00
10 00

50 00

143

131 75

50 00

STATEMENT B. — CONTINUED.

M ■ =

Jan, 5

E Andrew Welch

\ in full

t 1st Instalment

49 56

f U ((

part

87 44

\ Samuel Broadaway

I in full

4 30

13 62

{ in

part

I 3d

12 08

1 Austin Barrister
\ Aaron Pinson

} 3d

18 00

i 4th

35 00

\ Jonathin Phillips

{ 2d

90 00

[ J. R. Siler, Assignee

t ir

ifuU

i "

10 00

[ Henry Drayman

i in

part

2d
2d

32 00

; John Howard

95 00

Nathan Thompson

J ir

I full

{ 1st

112 16

» a

i in

part

\ 2d
; 4th

57 84

Andrew Welch

200 00

, '/

: Abraham Enloe

I in

; 3d

15 00

: Robert Kaler, bond 1836

full

; 123&4

10 55

(f ((

1 iu

: " •

18 42

Mark Coleman

part

: 2d

200 00

Washington Crawford

; 3d
; 3d

50 00

Abraham Wiggins

15 00

John Dobson

i in

full

; 3th

38 01

(1 (1

i in

part

; 4th

71 99

■

it. u

i w

full

; 4th

16 39

William Parker

{ 4th

70 00

1838

March, 1

John Broadaway

80 30

a u

; 2d

132 25

(( {( '

; 3d
: 4lh

147 33

Robert Phillips

17 6b

William A. Brittain

; in

part

4th

100 00

;

Joab L. Moore

20 00

;

John Murray

10 00

;

Jeremiah Harrison

4th

16 00

John Bell

4th

65 00

John Dobson

t 3d

100 00

Hugh Gibbs

; in

10 09

John Hyde

lull

73 70

(C l{

; in

sart

4th

150 00

James Cormelly

1st

15 00

Alexander Crisp

4th

24 30

Jonathan Coward

: in

full

4th

129 5i

;

John Hyde

part

4th

100 00

Samuel Bryson

1st

22 00

Eli Collins

full :

1st

1 59

Michael Waters

i
i

1st

2 16

Samuel Smith,

•

((

9 95

•

2 45

Jacob Shope

(;

51 75

Saul Smith
John Siler

1 84

11 90

James Bradley

t
1

2 87

Washington Angel

Frederick Raby
(I [{

4 01

31 99

;

16 94

Zachariah Peak

3 47

Ephraim Ammons :

5 03

Jonathan M. Bryson !

5 10

M. Wikle ;

14 02

Cornelius Cooper !

1 78

(( a ;

2 67

John Conly 1

1 59

Ephraim Ammons ;

i'.

3 60

James Jamcs • ;

»•

2 sn

Statement B.— continued.

March 1 | James Robinson
S James Conly
J John Conly
I James Angel

I in part | 1st Instalment J

1838
Sept.

Washington Angel
Philip Guier
Samuel Bryson

Samuel Lovingood

Philip Gueir

James Angel

James Truit

Cornelius Brown

William Siler

John Gillespie

John Sutton

Joseph Stillwell

James Truit

Samuel Lovingood

William Siler

John Gillespie

John Sutton

George Wikle

Jacob Dects
I Miles Ashe
; Elizabeth Stiles
! Adam Corn
j Levi Vandike
' James Addington
; Hannah Fortenbury
I Samuel Runnels

John Palmer
, James Rogers

Hugh Rogers

James Fouts

David Rogers
Thomas Love

Robert Fox
William Mason
Samuel Broadaway

a a

J. L. DiUiard and }
others S

\ in full I
t in part \
< tn full <

in full I
in part ^

in full I

in part <

in full I

in part J

1 23&4

N.B..^510 12

4 Inst.

9 11

1 81

2 06
7 87

15 40

4 88
57 51
11 72

89
10
84
61

65
75
39
62
62
68

8 85

26 11
33 81

8 51
8 71

27 71
14 64"
10 94

2 81

56
41

03
06
18
34

1 56

2 75

3 12

16 35
45 00
45 00
12 10
12 00
22 20
7 80

621 00

^^812

8124 39

Statement of Treasury Notes issued and reported to the Comptroller, and put
in circulation, according to the Acts of Assembly of 1814, 1816 and 1823.

Amount issued under the Act of
do do

do do

Amount redeemed and burnt by the Committee of
Finance as per Comptroller's Reports.

Deduct amount in hand in the vault of the Treasury
Showing balance unredeemed of

1814 ' $82,000 00
< 80,000 00

1816
1823

100,000 00

$ 262,000 00

211,297 05

50,702 95

1,290 67

$ 49,412 28

Statement of the number of Shares of Bank Stock owned by the State of North
Carolina, and by the President and Directors of the Literary Fund.

Shares of Stock in the Bank of the State, owned by the Pre- 1
sident and Directors of the Literary Fund J

Shares of Stock in the Bank of Cape Fear, owned by the ]

President and Directors of the Literary Fund J 5207

Shares of Stock in the Bank of Cape Fear, owned by the J

State of North Carolina i 10

Shares of Stock in the Bank of Cape Fear, owned by the ]
State, and dividends appropriated, to Fund for Internal i
Improvement * 112

Aggfregate number, ot shares j

5000

5329
10329

Statement of the nett amount of the different branches of Revenue for the
years 1836 and 1837.

BRANCHES OF REVENUE.

AMODNT.

AGGREGATE.

1836

1837

Tax on Land

" on Town property

" on Polls

" on Stud Horses

" on Stores

" on Gates

" on Pedlars

" on Taverns

" on Artificial Curiosities

" on Natural Curiosities

" on Billiard Tables

" on Brokers

" on Negro Traders

Tax on Land

" on Town property

" on Poll

" on Stud Horses

" on Gates

" on Stores

" on Taverns

" on Pedlars

" on Artificial Curiosities

" on Natural Curiosities

" on Billiard Tables

" on Brokers

23,4X3 83 {

1,649 40 f

27,433 66 J

1,668 97 ♦

11,347 64 '

122 20 I

3,138 66 i

2,885 80 i

1.551 00 j

296 10 t

940 00 i

47 00 *

84 60

I I 74,578 85

29,323 04 :

2,163 68 :

28,757 48 '

2,279 52 i

220 90 i

9,581 14 i

2,953 91 j

2,882 98

1,720 20 j

366 60 i

470 00 ;

47 00 J

80,766 45
$ 155,345 30

Statement of the Insolvents allowed by the Comptroller to the Sher-
rifFs in their settlement of the taxes of 1836 and 1837.

i
SHERIFFS. ,

COUNTIES. J

No. OF i
POLLS. \

AMOUNT.

George Philips

Willee Jones :

Ashe
Buncombe

I 109
I 53

$21 80
10 60

John Harman

Chatham

; 99

19 80

John B. Dawson

Craven

! 104

20 8C

Wm. D. Rascoe

Chowan

; 29

5 SC

Isaac Baxter

Currituck

; 18

3 60

Alexander Johnson

Cumberland

; 77

15 4C

John M. Smith

Davidson

: 63

12 6C

Thomas Foster

Davie

; 40

8 OC

Wm. D. Petway
Guston Perry

Edgecombe
Franklin

{ 73
I 36

14 6C

7 2C

John W. Taylor

Greene

i 42

8 4C

James W. Doak

Guilford

I 84

16 8C

James Simmons

Halifax

{ 127

25 4C

Edward K. Jiggetts

Hertford

11 2C

Joseph M. Bogle
A. S. Ballenger

Iredell
Johnson

J 99
I 105

19 8C
21 OC

Risden McDaniel

Jones

I 8

1 6C

James Q,uin

Lincoln

} 38

7 6C

E- Mcintosh

Moore

1 13

2 6C

James Truit

Macon

i 23

4 6C

E. I Peebles
Peter Harrel

Northampton
Onslow

J 25

{ 7

: 5 0(

; 1 4C

Nathan Bagley
Benjamin M. Selby
Joshua A. Pool
William Wilkins

Perquimons
Pitt

Pasquotank
Rutherford

J 86
I 33
\ 30
i 162

1 17 2(

; 6 6C

; 6 OC

32 4C

Murton Roberts

Rockingham

} 46

9 6C

John H. Hardie

Rowan

: 76

15 2C

Samuel Terry

Richmond

: 21

4 20

Curtis Thompson
Salathiel Stone

Sampson
Stokes

: 56
: 177

11 20
35 40

H. G. Hampton
Robert B. Davis
John J. Bryant

Surry

Washington

Wilkes

: 99

; 46

: 34 :

19 80
9 20
6 8C

William G. Jones

Warren

\ 4o

9 OC

William Thompson
Paschal Burt

Wayne
Wake

\ 45 \

\ 72 ;

9 00
14 20

Thomas Wilson

Yancy

1836
Anson

; 52 i

138 {

10 40

$481 8C

Young H. Allen

27 6C

Allen Grist

Beaufort

! 36 J

7 2C

John Freeman

Bertie

! 33 \

6 6C

John A. Pearson

Burke

20 J

4 00

Isaac Baxter

Currituck

5 20

STATEMENT P, — CONTINUED.

Alexander Johnson
Absalom Fulford
Thomas L. Lea
John Harman
John B. Da\\^son
William D. Rascoe
John M. Smith
Wm. D. Petway
Gusten Perry-
James W. Doak
John W. Taylor
James Simmons
Edward K. Jiggetts
Allen. S. Ballenger
James Q,nin
Eben. Hearne
E. J. Peebles
Benjamin M. Selby
Nathan Bagley
Joshua R. Pool
Martin Roberts
Samuel Terry
William Wilkin
Salathiel Stone
Henry G. Hampton
Curtis Thompson
John J. Bryan
William M. Jones
William Thompson
Paschal B. Burt
Robert B. Davis
Thomas Wilson

Cumberland

Carteret

Caswell

Chatham

Craven

Chowan

Davidson

Edgecombe

Franklin

Guilford

Green

Halifax

Hertford

Johnson

Lincoln

Montgomery

Northampton

Pitt

Perquimons

Pasquotank

Rockingham

Richmond

Rutherford

Stokes

Surry

Sampson

Wilkes

Warren

Wayne

Wake

Washington

Yancy

65
90

150

102

125

6
105
44
86
39
60
59
66
62
19
54
37
76
16
89
71
79
69
53
80
39
54

$13 00

18 00

1 00

30 00

20
60

20 40
1 60

8 60

00
20
00

8 80

20
80

12 00

11 88

13 20

12 40
3 80

10 80

7 40

15 20

34 20

15 80
13 80
10 60

16 00
7 80

10 80

$443 60

CO
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o o o o o o o
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i-^i CD
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CJX b3 »£^ O,

CD 00 CO Ojl

ooog I

■i1

STATE OF THE BANK OP THE STATE OF NORTH CAROLINA, NOTEMBl 25, 1837.

Bills and Notes discounted
Bills of Exchange

Real Estate . ','

Pension office 1

DUE FROM BANKS &C. !

Due Brenda McICinna &. Wright !

August 1st, no. i

" Merchants Bank, Baltimore ;
" Bank of Metropolis Washing- !

ton City i ',

" Fulton Bank; New York f

" Bank U. States, Philadelphia !
" Planters and Meclianics Bank «

Cnarleston, S. C. j

'■ Clia's. Edmonson Agt. do i

'■ Bank of Cape I'ear, Washing- •

ton, N. C. j

'■ Bank of Virginia, Norfolk !

" Farmers Bank, do ' !

" Merchants Bank, Boston I

'• Merchants Bank, New. York i
" Bank nf the State of Alabama, j

Mobile i

NOTES OP OTHER BANKS

'• Bank United States

" Virginia Banks

" North Carolina Banlcs

SPECIE.

Silver , ,

Gold

Cents

Bills and Checks in transitu
Due by Directory 64,141 50

" on Stockholders not'J)irectory

J 2,545,504 74 !
418,545 33 i

14,573 83

1,943 89 !

863 10' I

4,506 20

28,641 9ft !

, - 1

31,25^ 25 1

11,594 40 i

(

117 67 i

' 5,711 84 I

4,808,31 i

6,326 68 i

47,530 31 !

6,808 43 i

1,170 00 i

6,161 00 I

20,107 00 !

2,964,050 07

35,311 13

197 72

372,520 00 i

130.825 87 !

211 23 )

503,557 23
23,757^54

$3,718,993 55

Capital Stock
General Profit and Loss
Treasurer of the United States .
" for Post office Dept.
pension' office.
Invalid Pensions
Revolutionary Pensions
Pensions under act 183S
" " ■ 1832

" " 1836

Public Treasurer of N. Carolina '•
Board of Internal Improvement :'<
UOE TO' banks. i 1 ■

" to State Banks of N. Carolil i
" Bank of Newbern ' \

'■■ Farmers Bank Va. Petersbv(| !
" Bank of " " ■ ,

" Merchants Bank, Philadelph j
« " , " Newbern I

" BankU. S. Fayettevilleageno i
" Merchants Bank New York !
" Bank Cape Fear, Wilmingts
" " " ■ " "' Fayettfevill J
" " " '■ Salisbury' I
. " " " " Hillsboro'; !

NOTES IN CIRCTILATION. (j

" issued at Raleigh \.

" _, " Newbern j J.

" " Tarboroiigh . ' I j

"' " Fayetteville •■ , . i j
• « ■." Wilmington j i

" ,•■ " Elizabeth, City "'1 i

Dividends unpaid
Individual Deposites

1 1,500,000 00
j 247,625 33

12,693*67 !
4,868 69 j

363 02 i
16,854 47 j

831 29 j

' 93,905 09 I

81 57

52,662 81 !

55,433 05 (

209 33-!

550 79 \

2,004 76 i

873 36 !

27,025 19 i

42,715 29 ,'

976 00 !

• 711 42 !

372,750 00 i
: 132,930 00 j
158,845 00 I
236,785 00 !
153,830 00 I
64,935 00 I

287 75 ;
237,591 78 :

9,718 61
3,912 76

35,611 14
13,051 98
375.000 00

277,139 20

1,120,055 00

I $3,718,993 55

C. DEWEY, Cashier.

ASSESSMENT TABLE.

ASSESSMENT

Under Act of Congress 1815

For State Tax 1836.

For State Tax 1837.

CoDUIies.

No, of

Aggregate

V.i<a

No. of

Aggregate

Valu
alion

No. of

A?gregale

Valu

No. of acres
patentefi

Agsr.;ga,e val
ualion ol laml.^
in 1813 added

LanJ Tnx
Currected accor-

acres.

valua'ion

[ler

acrea.

valuaii«o.

per

acres.

vaiualion.

per

from iai5.

to tiial grained

ding lolcregoing

509,548

1 4C

324894

512,744

1 57

450947

1,131439

2 51

lu 1^1 April.
1837.

83383

since valued a[
626,284

sialemenis.

Anson

3U3962

353 23

Ashe

211321

211,321

1 OC

2,16219

264,860

1 03

333771

478.59ci

1 3.

1 05668

, 315,989

178 78

Brunswick

441187

■516,189

1 17

not st't't

160,057

443889

365,942

22631

542.666

305 07

Buncombe

506875

669,069

1 32

220.01

404,479

'1 83

559804

1,130,654

2 0

124455

833,361

470 02

Burke
Beaufort

627225

840,481

1 34

429773

907,476

3 11

534931

1,283,536

a 3£

133536

1,019.445

574 97

332303

810,819

2 44

409598

466,573

1 13

442705

636,910

1 4£

24383

97,236

548 00

3]aden

439902

554,276

1 2r

358339

395.356

1 10

479649

495.734

1 03

61105

633,789

357 46

3erlie

34-7967

1,350,090)3 88

319837

1,018.803

3 18

300703

1,016,501

3 34

4471

■ 1.367,443

771 24

Craven

469273

1,787,931 3 81

430113

425.470

431613

427.286

32348

1,987,376

1,120 89

Carteret
Currituck

I5S490
130103

3SS,13l|2 43

141250

233.001
245,319

1 64

2 42

156339
125876

238,045
473,yfll

1 52
3 76

6813
77a«

401.686
364.051

225 55

343,473:12 64

101367

205 33

Camden

1 16230

412.6183 55

91897

267,570

2 91

81754

444.624

5 43

2729

422,305

238 18

Caswell

262305

786,946, 3 OO

203459

578,467

2 84

260509

1,033.168

3 96

1138

790,359

445 76

Cabarrus

187764

640,274 3 41

187056

553,937

2-96

203327

690.093

3 36

5424

658.563

371 48

Chawau

95901

645,360,5 66

93753

390.625

4.16

96490

402.629

t 17

645,350

363 99

Chatham

503832

1,063,085;2 11

428430

887.449

2 07

478089

1,056,946

2 21

13893

1092.399

616 12

Cumberland

756611

1,293,805

1 71

, 686128

604,104

735701

731.76'

-80825

1,432,013

807 65

Columbus

197605

167,964

273660

170,760

323246

175,803

,54

•41395

- 202.061

113 96

3uplin

3984(4

729,097

1 83

347133

469,873

1 S5

352057

651.749

1 S5

, a 1185

749.503

422 7G

Davidson

334616

862,333

2 57

346562

962,542

2 7.7

3908

3avie

'- '1 ■

149057

368,837

2 47

155872

476,630

3 05

Ldgecombe

'443911

1,926,572 4 34

388245

1 383,773

3 53

421090

1,713.4.59

4 Ob

- ^122

1,940,121

1,094 23

Franklin

276118

916,715 3 32

254557

651,814

3 56

254557

803 908

3 16

444

918.187

517 86

Guilford

383936

1,186.2543 qs

340754

985,444

2 89

388060

1.276,73?

3 77

3140

1,195.833

674 46

Sates

161556

544,4443 37

162616

477,894

2 93

176156

, 499.69U

2 83

544.534

30? 12

Granville

439941

1,161,4462 64

394956

1,017,334

2 57

429804

1,219,427

2 37

2141

1,167 09S

0.58 23

Green

147646

549,244 3 72

150865

379 949

2 51

154995

,579.501

3 73

410

550,769

310 63

■Jalifax

379657

2,961 ,540 5. 43

381200

1,521,625

3 Ji9

380512

1.582,162

4 15

967

2.066.790

1,155 67

Hertford

198584

830,08 1|4 J 8

167880

522,200

3 01

182632

563,070

3 08

' 16598

,894 929

504 75

^yde

340287

813,287|2 39

122527

212,424

1 73

157551

494,856

3 14

1S685

857,944

483 88

-laywood

157747

201,916 1 28

178173

164,999

2156W

250,083

I 15

16666

223,248

123 92

rcdell

446229

892.458,2 OO

379438

683,056

1 80

415002

889,475

■2 14

9114

912,927

514 90

ones

201422

711,020 3 53

185173

363.541

1 95

194920

486,033

2 4-

2398

723,014

407 78

lohnston

437109

846,865 1 79

464786

583,549

1 25

465785

738,239

1 58

13114

870,339

490 8 7

Lincoln

6331U2

1,2S5,198|2 03

604846

1,310.792

2 1.^

735626

2,081,300

2 82

33364

1,352.925

763 06

Unoir

199772

724,993

3 63

196026

320.428

1 63

21 1557

561.673

2 65

3385

737,277

415 83

Woore

323450

559,029

1 11

297183

309.70?

1 04

357767

420,618

1 17

56817

422,054

238 05

Vlacon

36655

178.788

4 87

153S53

241,759

1 57

13524

231.421

130 52

lonigomery

419062

, 519,637

1 24

283522

391.140

1 37

402460

600,761

1 49

62954

797,699

337 1 1

lecklenburg

409167

. 1,309,334 3 2U

387810

1,131,541

2 91

45R985

1,443,714

3 U

24242

1,386.908

782 21

Harlin

190130

587,5035 09

188139

465.634

2 47

204528

521,544

2 54

1857

593.241

334 58

VewHanover

358282

1, 293,399, S 61

234952

408,398

1 73

387274

645,233

1 66

60724

1,512,612

833 12

Vash

322341

703,034 2 15

312989

502,010

1 60

338103

590,876

1 74

5085

714.124

402 76

Northampton

508238

1,528,862 4 96

283330

1,287,136

4 50

306267

1,323.713

4 32

723

1,53-2.448

■ 864 30

)nslo\v

230978

605,153)2 62

166381

572,051

2 23

249605

418.296

1 57

39113

707.627

399 11

'range

590152

1,917.993,3 25

513241

1:457,129

2 83

563511

1,717,336

3 06

13336

1,960,414

1,105 68

*erson

212342

511,745!2 41

200860

407,411

2 32

224711

672,881

2 99

3423

567,088

319 84

asquotank

116786

496.342-4 25

9215,8

331,076

3 59

86678

430,136 4 96

344

497,804

280 75

itt

355258

1,399.719'3 94

314155

872,170

2 77

357464

1,016,033 2 84

10854

1,449.483

813 57

erquimons

12160'!

563 021 4 63

127459

422,313

3 30

130335

679.985

5 21

' 2707

575.534

324 61

on-an

763762

2,176,720 2 85

300797

813,678

2 70

297058

873.650

2 94

12104

2,211,216

1,247 13

andolph

40881 J

891,2072 18

402073

740.978

1 84

435369

885,034

2 03

33956

965.152

544 39

ockinjjham

3130'8

729,472 2 33

288675

630,552

2 J8

332976

832,816

2 50

6895

745.537

420 48

obeson

487120

504.103 1 03

540643

363.011

604848

494.567

5104

509,360

287 28

ichmond

29743J

463.992 1 56

299891

514.205

1 71

342566

594,531

1 73

28680

.508,576

286 94

utherford

664024

942,914 1 42

50767S

832.104

1 63

589158

1,275,854

2 16

71324

1,044.194

588 93

iinpson

449884

769.301 1 71

428610

517,919

1 20

441883

542,038

1 22

11483

787.226

444 00

.rry

525766

841,226 1 60

451432

718,130

i 59

484398

856.013

1 76

43651

914,267

515 55

okes

378012

899,669 2 38

448657

790.358

1 76

479586

962.792

2 00

24623

958,271

540 56

yrrell

122064

'332,014(2 72

135019

,252,795

1 87

178250

319,735

1 79

19597

385,317

217 32

asbmgton

175205

437,512-

163928

305,402

1 86

166405

276,392

1 G6

5739

451.8.59

254 85

Hikes

25833!;

457,253

275392

372,500

1 35

325009

567.367

1 74

74236

583,630

332 00

'uke

564525

1,721,800

504549

1,153.058

2 28

542704

1,371,145

2 52

2558

1,729.937

975 68

arren

299395

1.043,42.')

291201

892,663

3 06

314960

1,055.332

3 33

1,045,425

589 62

'ayne

325176

1,144,620

330982

730.483

2 20

362708

1,048,945

2 89

6142

1,166,239

657 70

ancy

119G57

140,881

1 17

363451

327,695

9249

8 53,521,513

"~l

19080257

3 39,130,108

22584518

8 51,052,586

1564034 1

8 32,010 51

• Included

in iRowan.

t See Eur

^ and Bun

omlae.

;

No. 4-

COMMISSIOXEUS^ FOR REBUILDIXG THE CAPITOL.

Rai.eigii, Nov. 26th, lS3rf.
To the Honorable,

The General Assembly of Norlh-CaroHna:
Gentlemen: '.--s.-irvn >-

The Commissioners entrusted with the superintendence of
tiie rebuilding the State Capitol, respectfully report : That since the
last meeting of the Legislature, the work has been diligently prosecuted,
and though it is for advanced, still lacks much of completion. It has
been protracted greatly beyond, not only the expectations of tlie public,
but the calculation of the Commissioners, and others immediately con-
cerned in its constructioH. The amount of expense has in a no less
degree exceeded the sum originally supposed necessary. Both ofthe.se
results may be accounted for by the statement of a few facts, perhaps not
generally known or recollected. In the original design of the building,
the splendid Porticos at the East and West Fronts were not contempla-
ted. They constitute a very important item of labor and expense, and
by their beauty compensate well for both. Subsequently, in order to
render the various offices in the basen^.ent story fire proof, it became ne-
cessary to grom or arch the supports for the floor of the second story,
and upon which rests the Legislative Halls. At the same time it wa.s
tliscoveared that the passage walls originally constmctcd with difiVrt-nt
view^, were of insufficient strength to sustain the immense weight ot
masonry reposing mainly upon them. They were not only of too slen-
der coMstruciion, but intended in the finishing to be covered Vvath plas-
ter. In their re-erection this defect was likewise remedied by giving
tijem the polished and highly ornamented surface necessary to corres-
pond with the Rotvmda, which like the rest of the building is of beauti-
fully wrought granite. This groining, composed chiefly of hewnrock^
was a work of great labor and expense. There are likewise many pol-
islied and fluted granite 'columns with capitals tastefully carved, distri-
buted throughout the buildhig, which did not enter into the original
plan. These several improvements, varying materially the original de-
^iga. wc;:e subinitted to formcx Legislatures and approved by them.—

Another cause, contributing very much to the uncertainty of any r-sti-
mates of time and money which were made, has been the varying de-
g;ree of hardness of the Rock. It is all indeed of a remarkably
fine texture and what is called tough in the working : but in the
progress of quarying these qualities, particularly the latter, were found
greatly to increase, and in the same proportion to add to the labor of
cutting and polishing. These were impediments which could not be
foreseen, and consequently did not enter the minds of those who made
the estimates in the early and subsequent stages of the progress of the
work. Covering the roof and dome with Copper proved a much more
expensive item than was expected.

In the original plan, and of course in the estimates, the Galleries to
both Halls were by some oversight omitted. This defect has been sup-
plied by Mr. Patton the present accomplished Architect, in a style beau-
tifully corresponding with the general design. The capitals for the
fluted columns supporting the Galleries, were executed by an able Car-
ver at Philadelphia. The Iron Castings for the Dome, Stair Cases and
Coridors, were also obtained at Philadelphia. They are all now paid
for. The plastering is under contract, and in rapid progess. A con-
tract has likewise been made for the Furniture, and for both of these
objects considerable advances in money have been made.

With regard to contracts abroad, for work or materials, the Commis-
sioners have pursued one uniform plan, viz : to ascertain from Arclii-
tectsand buildere of the highest character, in several States, the just and
necessary cost of the several articles required, together with their opin-
ion or recommendation of workmen wanted, and the rate of wages pro-
per to be given. ■ - - ■ , , ■

Long before the close of the last year it Avas discovered that the ap-
propriation by the last Legislature -would fall far short of the sum re-
quired to complete the building and even to carry it on until the pres-
ent session. Early in last slimmer the whole amount was exhausted.
To dismiss the workmen and officers and subject the materials and ma-
chinery to waste and decay till the further pleasure of the Legislature
should be ascertained would have been (if avoidable) inexcusable folly
and extravagance. Various schemes were suggested to obviate the dif-
culty, as the Public Treasurer had no authority to advance any portion of
the funds of the State not appropriated to this purpose. Several private
gentlemen offered their names to raise the money required. But the
Bank of the State, on learning the difiiculty,"in conjunction with the
Bank of Cape Fear, offered, in a spirit of liberality, and under a reliance
on the good faith of the State, to advance such sums as migiit from
time to time be required^ upon tlie bare order of tlie Chairm.an of tin

Board of Commissioners. The sums thus advanced up to the first of
tliis month, amount to $ 30,300, of which sum $ 19,000, was received
from the Bank of the State, and $ 1 1,300, from the Bank of Cape Fear.

"While the Commissioners have spared no pains to insure a faithful
and judicious expenditure oi the funds placed in their hands, they have
at the same time spared no necessary expense in procuring the best mate-
rials, workmen of the highest order, and wherever they have found them
inappropriate or defective, the best plans, for carrying into effect the
liberal and enlightened views of the Legislature. In the construction
of an Edifice designed to last for ages, any petty attempts at economy
in labor or materials could but defeat the true intent of the work, or
display a ludicrous contrast of meanness and magnificence. The length
of time and the amount of funds, which have been necessary for the
work, though tar exceeding the calculations of many, were not foreseen
even by former Legislatures who were entrusted with its supervision.
The great variety of opinion which prevailed when the work was com-
menced, amongst men who seemed qualified to judge, proves the im-
possibility of forming any estimate which could be positively relied on.
However, the Commissioners feel some degree of gratification in pre-
senting to the Legislature a view of the building as it is, — a creation of
their own ; honorable to themselves — an object of just pride to every
liberal mind in the State, and the admiration of every enlightened
stranger.

With regard to the amount of money still required, the Commission-
ers would reluctantly attempt an estimate, having been taught by ex-
perience how difficult and uncertain must be every estimate as to time
and expense, in the erection of a building of such magnitude, material
and workmanship. Yet from the best and most minute calculations,
they have been able to make, they are of opinion, that $ 70,000 will co-
ver the prospective expenses. This is a matter, however, which had
best be left to your committee, which it is presumed will be appointed
to examine the details of what has been done. To enable the commit-
tee to arrive at a satisfactory conclusion on this and all other matters
connected with the work, the Commissioners will take pleasure, in lay-
ing before them, for inspection, all their Books and accounts, and in
giving them any other information or assistance they may need.

All of which is respectfully submitted

BEV. DANIEL, Chairmun.

No. 5.

LEGISLATURE OF NORTH CAROLINA :

Raleigh, December, 1838.

M Ei F" O MT

OF THE

COMMISSIONERS FOR DRAINING MATArvIUSKEET LAKE
IN HYDE COUNTY>

To the Honorable,

The General Assembbj of North-Corolina:
Gentlemen :

The undersigned Commissioners, appointed by His ^^^-cel-
lency, the Governor of the State of Nortli Carolina, under an Act passed
at the last sesion of the Legislature, entitled. "An Act appropriating
eight thousand dollars to drain Mattamuskeet Lake in Hyde County,
having discharged the duties assigned them, respectfully report : That
they made an eifort to procure private subscriptions to aid tliem in car-
rying into effect the object of the Act, but could not succeed, tlie over-
flowing of the Lake having for several years previous thereto, destroyed
the crops of the inhabitants of the neighborhood, thereby so reducing
their means, as to render them incapable of assisting in this work. ' A
Canal was cut a few years since by the late Dr. Hugh Jones, from the
Lake to Ysocking Creek, on which a mill was erected. The then pro-
prietor, Mr. Riley Murray, tendered to your Commissioners the said Ca-
nal, who after satisfying themselves that their object would be better
accomplished by purchasing the said Canal from the proprietor, and ex-
pending the residue of the appropriation in widening and deepening it,
became t'lie purchasers, and paid Mr. Jiiurray therefor three thousand
dollars. The Commissioners then made arrangements for deepening and
widening the Canal to fifty feet at the lower end, and forty feet at the
liake, advertising the same and letting it out in lots of one fourth of a
iinlc each to the lowest bidders, taking bond and security from the con-
tractors, for the faithful performance and completion of their contracts,
by the Lst of November, A. D., 1S37. On the 2d day of November,

*iS3r, \}i'~i conlract.s luiviny- been completed, the Canal Avas opened and
the water of the Lake commenced passing off very rapidly. Some in-
convenience was experienced by those who owned land hear the point
at which the Canal emptied itself, the press of water being so great as
to inundate a portion of those lands. But this difficulty was, in a few
months, removed, for as the water of the Lake subsided, the pressure be-
came less violent. These lands are consequently relieved, and at this
time are in a fine state for cultivation. As the water in the Lake was
reduced, the Flats on its margin v/ere left dry and it became necessary
to extend tli9 Canal through those Fiats or reclaimed Lands into
the main body of the Lake. So soon as the season arrived when the
work could be done most advantageously, the Commissioners employed
laborers and extended the Canal through those Flats or reclaimed
Lands. This part of the work has not yet been completed to their sat-
isfaction, but there is remaining in the hands of the Commissioners
about $ 100, which will be expended in improving this pcirt of the Ca-
nal through the Flats, so soon as the water of the Lake subsides suffi-
ciently tor the accomplishment of this purpose. The water in the Lake
is now more than three feet lower than it was at the time the appropri-
ation was made, and large flats which at that time were coverd with
wTter, and of no use or value, are now dry and fit for cultivation. The
■•^'"laimed extend nearly around the Lake about torty miles
)ij from one quarter to a half a mile in width, containing
.ioisand acres of land, a large portion of which if 'low put in
■./ou'id coQ-imand excellent prices. For many years previous to
. .)iig of the Lake, the farms adjacent to it were unprofitable, in-
any of tiieni had been deserted. Tlie water of the Lake was
rj^n bo high as to render the public road in many places impassable
•'^caf it? margin. By this the lands had been reduced to a nominal val-
' and no one"- wishing to purchase, many wealthy and enterprising
' izfhs were forced to abandon the liome of their fathers and seek their
^'snes hi more favored climes. This unfavorable state of things has
■■■1 eariF:y;y changed by the appropriation made by the General As-
y. This small sum has accomplished much, by removiiiga-fruit-
. • emus of disease, and stimulating our farmers to exertion, the land
i V •)•/ tneir products richly repaymg them for tlieir labor. Farms
i but two years ago were deserted as unprofitable in cultivation,
I :■ :\o\v re:illy valuable, yielding luxuriant crops, and it is certain, that
'■ 0 increase of their value \vi\\ sufficiently repay the State, by their tax-
.ii'orj, for evevy doUar v/hich has been expended. This fact will clear-
ly appear from the circumstance, that the lands in Hyde County have
b?en returned for the past year at a valuation more than double that ot

miy ibniier year ; whilst the lands hi no other County m the Stale iiavc
so increased.

In conclusion the Commissioners would respecthilly represent to
your Honorable body, that from a full knowledge of the situation of
the land in that section of the County, they fully concur in the opinion
of C. B. Shaw, Esq., Engineer of the Literary Board, that great and
increased advantages must accrue to the State by cutting a Canal from
East Bluff Bay in Pamlico Sound to the deepest water of the Lake, set-
ting apart for this purpose a sufficient sum from the appropriation made
by the last General Assembly to draia the low lands of the State. By
the cutting of such a Canal forty or fifty thousand acres of valuable
land will be immediately reclaimed at the trivial cost of some eighteen
er twenty thousand dollars.

All of which is respectfully submitted.

R. M. G. MOORE, )
( . TILMAN FARROW, i Commissioners

UAYID CARTER, \

No. 6.

LEGISLATURE OF NORTH CAROLINA:
Raleigh, December, 1838.

REPORT

THE COMMISSIONERS

APPOINTED TO

SUPERINTEND THE SALE

CHEROKFIE; JL.lJl^niS.

RAL.EICH, N. C.

THOMAS LORING, PRINTEn TO THK LEGISLATUIIE.

1§3§.

•Jfi

Executive Department, }
Raleigh, Dec'r 3d, 1838. S

To the Honorable^

The General Assembly of North Carolina:

Gentlemen:

I have the honor of transmitting herewith, the report

of the Commissioners ol the sale of the Cherokee Lands, for your dis-
position.

1 am very respectfully,

Your obedient servant,

EDWARD B. DUDLEY.

REPORT, &€.

TO HIS EXCELLENCY,
£S>^VARI>B.DUDI. EY,

GOVERNOR, <!^c.

The undersigned, appointed by your Excellency, Commissioners
on behalf of the State to superintend the sales of the lands acquired by
the late treaty of the General Government with the Cherokee Indians,
beg leave to submit the following report as the result of their labors :

In obedience to the wishes expressed by your Excellency, and in ac-
cordance with what they conceived to be their duty, they repaired to
Franklin (the place of sale) some ten or twelve days previous to the
day fixed by law for the sales to commence. Being strangers to the
country, and to the peculiar character and productions of the lands they
were charged with selling, it was deemed proper that a few days should
be spent in riding over the most desirable portions of the territory, with
a view of acquirmg some knowledge of its topography, and of forming
some opinion, not only of its value, but of the correctness of the classifi-
cation made by the Surveyors of the several tracts surveyed. This be-
ing done, they returned to Franklin, and made the necessary arrange-
ments preparatory to opening the sales, which was accordingly done on
the 3d of September.

From the cursory examination only which the undersigned were en-
abled to make in regard to the classification of tiie lands, they are of
opinion that it was as correctly done as could reasonably be expected,
making the necessary allowances for the variety of soil, the difference
of location, and such other peculiar advantages or disadvantages as
might be supposed to belong to each individual tract. Some discrepan-
cies, it is true, in the classification in different districts were found to ex-
ist, but probably not more or greater than would necessarily arise from
difference of judgement among the surveyors.

The Indian territory within the limits of this Slate is about forty
miles in length, with an average width of probably twenty-five to thirty
miles, and is supposed to contain about seven hundred thousand acres,
of this number, two hundred and fifteen thousand one hundred and
eighty six and three quarter acres have been surveyed, leaving about
four hundred and eighty-four thousand eight hundred and fourteen acres
imsurveyed. This latter consists, generally, of mountainous, hilly and
broken lands, for the most part unfit for cultivation, but valuable for
timber, range for stock, and probably in some places for the minerals
which they are supposed to contain.

The Commissioners of survey were directed by the act of Assembly
to have surveyed all lands which in their estimation would command
the sum of twenty cents per acre, and from calculations drawn from the
field books, returned by the surveyors, it appears that the whole num-
ber of tracts surveyed is thirteen hundred and ninety-three. These
embrace three thousand three hundred and ninety-five acres, of the first
quality, rated by the act of Assembly at four dollars per acre — nine thou-
sand seven hundred and sixty-one acres of the second quality, rated at
two dollars per acre — twelve thousand and seventy-four acres of the
third qualitj'-, rated at one dollar — thirty-one thousand eight hundred
and sixty three acres of the fourth quality, rated at fifty cents, and one
hundred and fifty-eight thousand ninety-three and three quarter acres
of the fifth quality, rated at twenty cents per acre. Estimating there-
fore, the whole number of acres surveyed at the State price, it amounts
to the sum of ninety-two thousand, seven hundred and twenty-six dol-
lars and twenty-five cents.

Of the number of tracts surveyed, there were sold twelve liundr«d
and two, containing pne hundred and eighty-four thousand seven hun-
dred and thirty-eight acres, which estimated at the State price, amounts
to the sum of eighty-six thousand and thirty -one dollars and forty-five
cents, and which sold for the sum of three hundred and twenty-eight
thousand, six himdred and ninety-three dollars and seventy-six cents.
Showing a difference between the amount estimated at the State price
and that for which the land sold, of two hundred and forty-two thousand
six hundred and sixty-two dollars and thirty-one cents. To descend
more particularly into detail it will be found that the State price of the
lands sold, averages a fraction over forty-six and a half cents per acre,
and that the avereige price of the sale is a fraction over one dollar and
seventy-seven and three quarter cents per acre, being an advance upon
the State price of nearly fotir hundred per cent.

There were also surveyed twenty-four town lots of half an acre each
at the site selected as the seat of Justice for the contemplated coimty to
be erected out of the Cherokee territory. Eight of these lots were di-

reeled by the act of Assembly to be sold. Tliese brouglit the sum of
fifteen hundred and sixty-one dollars, being an average of nearly two
hundred dollars.

By the 20th and 21st sections of the act providing for the sale of the
Cherokee land, the Commissioners were also directed to have surA'^eyed
and offered for sale all the Indian reservations remaining undisposed of
in the County of Macon, under the same rules and regulations that ap-
plied to the other lands, and also to expose again to sale all the lands al-
ready surveyed and remaining unsold in the county of Macon,

These reservations (twenty-four in number) are a part of those taken
by the Indians under the treaties of 1817 and 1819, and which VN^ere af-
terwards purchased by the State. They were originally laid off by au-
thority of the General Government in tracts of six hundred and forty
acres each, and so as to embrace the residence of the claimant as near
the centre as possible. Being thus confined in their location, and be-
ing tracts of large size, they necessarily contained a considerable por-
tion of poor land — out of these there were surveyed fifty-one tracts of
various sizes, containing four thousand five hundred and forty-four
and a half acres, being such portions only as it was supposed would
command the sum of twenty cents per acre. Of the number surveyed
there were sold, forty-four tracts, containing three thousand eight hun-
dred and eighty-seven and a half acres, amounting to the sum of one
thousand seven hundred and thirty-three dollars and nine cents.

The lands heretofore surveyed and remaining unsold in the county
of Macon were the refuse lands pf former sales, and were generally of
but little value. Of this description there were in all, ninefy-two tracts,
comprising five thousand three hundred and seventy acres, out of
which twenty-seven tracts only, containing seventeen hundred and se-
venty-nine acres were sold, producing the small sum of six hundred and
four dollars and eight cents, being only a fraction above the State price.

With regard to the remainder of these lands, and the remainder of the
reservations, it is respectfully suggested whether it would not be good
policy for the Legislature to permit them to be entered, if not at the
price now fixed by law for vacant lands, at such prices above, graduated
according to their classification, as would ensure them to be taken up,
and thus close the business in the County of Macon.

To present the result of the whole operation at one view, it will ap-
pear that there were sold twelve hundred and seventy-three tracts, con-
taining one hundred and ninety thousand four hundred and four and a
half acres, together with eight town lots of half an acre each, amounting
to the aggregate sum of three hundred and thirty-two thousand, five
hundred and ninety-one dollars and ninety-three cents, of which sum,

forty-six thousand, four hundred and lifty dollars, seventy-five and seven
eighth cents were received in cash, being the required instalment of one
eighth part of the whole, and ni addition thereto such payments in ad-
vance as the purchasers thought proper to make, which amount has
been duly accounted for and paid over to the Public Treasurer. The
remainder, amounting to two hundred and eighty-five thousand, three
hundred and seventy-one dollars, and eighteen and three eighth cents has
been secured by bonds with personal security as required by the act of
Assembly, and the whole number, amounting to three thousand four
hundred and ninety-four, have been deposited in the Treasury Depart-
ment, and two full and complete lists of the same, with duplicate receipts
thereon, have been taken, one of which has been filed with the Comp-
troller, as provided for by law.

In relation to the future disposition of the lands already surveyed and
remaining unsold in the Indian territory (being one hundred and nine-
ty-one tracts, and containing thirty thousand, four hundred and forty-
eight acres, mostly of the fifth quality,) as well as the proper disposition
of that portion which is unsurveyed, two modes have suggested them-
selves— either of which, in the opinion of the undersigned may accom-
plish all the purposes desired by the State. The first is to authorize
another survey to a limited extent in tracts of larger size than those in
the previous survey, embracing only such land as may be considered
well worth ten cents per acre, which, added to those now surveyed and
remaining unsold, together with the remainder of the town lots, may
form the subject of another sale, after which the balance of the territo-
ry may be thrown open to entry under the existing laws of the State. — ■
The second is to provide by law that the lands now surveyed may be
entered for a specified time, say two years, at the price fixed by the
State for each grade, and those remaining at the expiration of that peri-
od, (if any) may be graduated to such a price as would ensure them to
be taken up within another given period ; likewise in regard to the lands
unsurveyed, provision may be made upon the same principle for their
entry, beginning with a sum not exceeding thirty cents, and graduating
the price at the expiration of every stated period until they are brought
down to the price now fixed by law for vacant lands.

By the 12th section of the act of Assembly it is provided that if any
person shall be disposed to pay the whole of the purchase money, or any
part thereof, in advance^ the commissioners are authorized to receive
the same, and to deduct at the rate of six per cent, per annum on
the amount of such advancement. The gross amount of advance pay-
ments made at the late sales is five thousand five hundred and fifty-six
dollars and thirty-eight cents, being something less than one-eighth part
of the whole amount received, and would no doubt have been much

greater if tlie rate ot' discount allowed had been ei>^hl instead of six
per cent. In the opinion of the undersigned, the Legislature ought to
increase the rate of discount on payments in advance which may yet be
made, for the obvious reason that in the State of Georgia which borders
our Cherokee territory to the South, the legal rate of interest is eight
per cent., and purchasers who would otherwise make payments on their
bonds in advance of the regular instalments are induced, as the law
now stands, to loan out their money in that State, by which they would
derive an advantage of two per cent, per annum. Another reason is
that it would ensure the speedy collection of a considerable portion of
the second and perhaps part of the third instalment — and further that
as all the laws authorising sales of the Cherokee lands heretofore have
made an allowance of eight per cent, discount on advance payments,
it is but justice that the purchasers at the late sales should be placed
on the same footing as those at the former sales.

The undersigned cannot close this report without suggesting to the
Legislature tLe propriety of providing by law for the appointment of
an agent resident within or near the Cherokee territory, who should be
required to give ample security, and whose duty it should be to receive
the payments offered to be made upon the bonds given for the Chero-
kee lands, and otherwise superintend the interests of the State in rela-
tion to the security and collection of the debt. The opportunities are so
rare in that part of the State, (distant as it is, four hundred miles from
the seat of government) for sending money to the Treasury Department,
that it not unfrequently happens that money which otherwise would be
applied to the payment of their bonds, for the want of an opportunity to
make such payment, is applied to some other purpose, and thus the debt
due to the State by reason of the great distance between the debtor and
the place of- payment is postponed from time to time, and ultimately
either entirely lost or placed in great jeopardy. We would also advise
as an act of justice and liberality to the purchasers that the agent (should
one be appointed) should be authorized to receive in payment for the
bonds, the notes of all specie paying Banks in the States of South Caro-
lina and Georgia, in addition to our own notes and such other currency
as may be regarded equal to Gold and Silver. We venture the assertion,
with the utmost confidence in its truth, that nineteen twentieths of the
circulation in that part of the State is Georgia and South Carolina pa-
per, and so long as payments are required by the State in a medium so
extremely difficult to obtain as that must be where it exists only in the
proportion at most of one dollar in every twenty, they must necessarily
be made very slowly and in very small amounts — to say nothing of the
superadded difficulty of transmitting them to the seat of Government.

In furtherance of the plan here proposed, we have no doubt that a

permanent arrancrement might be made by the Public' Treasurer with
the Banks of the State, to receive from him on deposite all such sums
of money as he might from time to time receive from the contemplated
agent, and in the kind of funds above suggested, simply by agreeing to
give the Bank sufficient time to convert them into such funds as it may
be in the habit of receiving, before the Treasurer should be permitted to
draw on the Bank for the amount, or before it should be absolutely
passed to his credit. Such an arrangement as this was made by the
undersigned with the Bank of the State previous to the sales in re-
lation to the amount and kind of funds to be received by them at the
sales, and we have learned on inquiry at the Bank that nearly thirty-six
thousand dollars of Georgia and South Carolina paper (being the pro-
portion of that kind of money received at the sales) has been converted
mto bills at a very trifling loss to the Bank, and not one cent of loss to
the State. To the circumstance of this arrangement is to be attributed
in a good degree the high prices for which the lands sold, and we feel
warranted in saying that the purchasers considered it the greatest ac-
commodation in facilitating their payments that could have been ex-
tended to them.

We have already extended this communication further than was in-
tended, and fear that the details we have given may prove somewhat
tedious—but if the effect shall be to diffuse more general and correct
information than now exists in relation to a very interesting portion of
our State, and to the interests involved, the object in drawing them out
will be fully answered, and the laborers ample compensated.

All which is respectfully submitted.

S. F. PATTERSON.

C. L. HINTON,

Raleigh, December 1st, 1838.

No. 8.

LEGISLATURE OF NORTH CAROLINA:

Raleigh, December, 1838.

HOUSE OF COMMONS.

STATEMENT

OF THE

B.1JVK OF C^rB FB.1R.

Bank op Cape Fear, 5

Wilmington, 5th December, 1838. \

Sir,

In obedience to the act requiring the President of this Institu-
tion to submit to the Legislature at each Session, a statement of its
affairs, I have the honor to transmit through you to that honorable
body, a statement up to the 21st November last, in manner and form
as therein prescribed.

Very respectfully,

Your ob't. servant,

J. D. JONES, PresH.
Mr. Speaker, Graham-

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No. e.

LEGISLATURE OF NORTH CAROLINA.

Raleigh, December, 1838.

SENATE.

ACCOMPANYING THE BILL FOR THE RELIEF OF Tt^E
RALEIGH AND GASTON RAIL ROAD. ^

The Committee to whom was referred the memorial of the President
and Directors of the Raleigh and Gaston Rail Road Company, ask leave to
make the following report:

The memorialists pray that the capital of the Raleigh and Gaston Rail
Roadcomptny may be extende'l from 61,000,000 to $1,500,000, and that
the Legislature would either subscribe on the part of the State, for $500,
000 worth of said stock, or aid the company in the completion of the said
work, by a loan of the credit of the State to that amount.

The Raleigh and Gaston Rail Road was the first work of the kind un-
dertaken in North Carolina, under circumstances too, which made the ex-
periment rather hazardous to the stockhoIders;the spirit and enterprize mani-
fested by the stockholders in this work is very creditable to them, and in the
opinion of the committee entitles them to the favorable consideration of the
Legislature. It was generally supposed at the commencement of this work
that 81,000,000 was amply sufficient to complete the road to Raleigh, sub-
sequent investigation, however, has proved, that the work is more costly than
was originally supposed. It is moreover believed that should the company
fail in their application to the Slate and not succeed in borrowing money
elsewhere, the work would be arrested in its present unfinished condition,
which might lead to the loss of the expenditure already incurred, and bring
discredit upon the justice and liberality of the State.

As an inducement to the State to loan her credit to the company to the
amount of $500,000, the company have made the following expose of their.af-
fairs to the committee. The company was chartered in the winter of 1835-6
with a capital of $1,000,000, of which $700,000 has been subscribed and
nearly all paid in; 50 miles of the road have been completed, of vvhicjj 42

miles are in daily use, for the transportation of persons, produce and the United
States mail, that the whole line is now under contract, and will with the as-
sistance asked for, be soon completed.

These 42 miles which have been completed and upon which the cars are
now running, have by the amount of tolls already received on them, afforded
the committee not an accurate but an approximate estimate of what will be
the receipts of the road when completed to the City of Raleigh, a distance
irom Gaston of 84 miles.

There was received upon the finished part of the road from the month
of May to October, the following sums, exclusive of pay for carrying the
mail, viz:

May, $153 04

June,

July,

August,

Sept.,

Oct.,

554 77
1,146 55
1,278 85
3,107 77
3,924 as

$10,165 36

The Senate will here see that as the road advances into the Country
the receipts from freights and travel have very rapidly increased, it must,
therefore, be very manifest to the Senate, that when the road is finished to
Raleigh, there will be a very great accession to the present monthly receipts.
By way, however, of placing the sufficiency of the security offered by the
memorialists, for the use of ihe State's credit, beyond a doubt, the committee
have taken the receipts of October, viz: §3,924,38, on the 42 miles as the
average for freight and passage.

Passengers it seems were first carried to Henderson, the present ter-
mination of the finished part of the Raleigh and Gaston Rail Road, on the
6th of September, and it was several days later before any freight was car-
ried there. The receipts of the company were nevertheless for the month
of September, after paying the expenses of transportation and every other
expense except the cost of the repairs of the road, $3,107 77, besides the
mail pay.

The committee have been informed that the Post Master General, by a
recent circular, has offered $237 per mile per annum as a fair compensation
for carrying the mail. Let us take then $237 per mile as the sura which
will probably be received by the company for carrying the mail on the 42
miles of the road which is already completed, and we shall have $9,954 ;
take off half for the expenses of transportation and there will be a clear an-
nual revenue for carrying the mail of $4,977 per annum.

It is believed by competent judges that the receipts of this company for
October may be taken as a fair average, for though a great many goods
were brought out during that month, there were no return loads.

No one at all acquainted with the country in the vicinity of this road,
can doubt for a moment, that a very large amount of Cotton, Tobacco, Wheat
and other agricultural products will be conveyed to market by this road. In
fact it will command the trade without the probability of a rival of some of
the most productive Counties in the State. The month of October presents
on the part of the State a safer average for an estimate, because very little
was sent to market during that month, probably on account of thesmallness
of the crop. Moreover the road had just been finished and was but litile
known; it was scarcely known beyond the immediate neighborhood that the
road was prepared for freight and passengers. For these reasons the com-
mittee thought the receipts of the month of October might be fairly taken as
an average for the amount of receipts for freight and passengers which will
monthly pass upon the 42 miles of the road which has already been
completed.

Taking these averages we have the following result:

The annual receipts from the transportation of freight and passengers
(deducting all expenses e.xcept repairs of road) - - $47,092 56

Ditto, from mails, I - 4,977 00

$52,069 56
Making $52,069 56 the gross amount of receipts from 42 miles of the
road now in operation. The committee are informed by the Engineer em-
ployed upon the road that $400 per mile is a fair estimate for annual repairs,
we will then have

Receipts on 42 miles of road, $52,069 56

Deduct repairs at $400 per mile 16,800 00

Nett annual income, - - $35,269 56

It is believed that there is not another instance of any company in the
Southern country, and probably few any where, who could make such an
exhibit. It was a long time before the Petersburg road could compare with
this, and the stock of that road, is worth at this time, when there is a great
depression ^n the market for such property, at least 5 per cent, above its par
value. '

There can be but lititle ground then for a fair and honest doubt that
when the Raleigh and Gaston Rail Road is completed to this City, its stock '
will be worth in market at least what it cost and will always command that
sum, whenever it should be the wish of its stockholders to sell. To assure
the Senate that the estimate we have taken is a low one, the committee were
informed, that during the period of time taken, there was but one daily line
of stages, and an extra stage every other day to convey passengers from the
termination of the road, the knowledge of which deterred many persons from
taking this line of travel, as there would always exist some doubt whether
they would not be detained for several days at the termination of the road for
the want of conveyances to carry them further, a difficulty which will be re-
moved when the road is completed.

There is another and perhaps^ stronger view of this case in which the
facts present themselves to the attention of the Senate. The gross amount
of freight in October was $3,943 88, and the gross amount of passage mo"
ney $2,928 66 shewing that the receipts of the road are chiefly from freights,
a revenue which cannot be withdrawn from this rood by any rival work. —
Let us then assume as a fact that the amount of produce and merchandize
transported on the road will not increase at all upon its completion, but will
remain stationary at its present amount, a presumption which neither the
experience of this road nor any other will justify; but for the argument let us
admit the assumption. We will then have at the average assumed $3,943
88 per month or $47,326,56 per annum or 42 miles, double it for the whole
road and we have $94,653 12 the gross receipts for one year.

The committee have been informed that the experience of the Petersburg
road, (the busmess of which is of exactly the same character, with that done
upon the Raleigh and Gaston road) have been that the expenses of trans-
portation, repairs of road &c. have never exceeded $1,000 per mile per
annum. Of course the expenses of the Raleigh and Gaston road can never
amount to this sum until the amount of trade upon it, equals that upon the
Petersburg road — let the expenses, however, be put at $1,000 per mile, or
$84,000 — The account will then stand thus,

Gross receipt $94,653 12

Expenses ....... 84,000 00

$10,653 12
To which add for carrying the mail at $237
Per mile, .... . . 19,908 00

$30,561 00,
which gives $30,561, a nett revenue, exclusive of a single passenger, as the
sum which will be received from the road upon its completion to Raleigh,
even if there should be no increase of freight, a state of things which no one
can possibly suppose at all probable.

From these several views of the condition of the company, and the proba-
ble success of the work as a good investment of money, the committee can-
not perceive the smallest probability of loss or risk to the State in loaning
her credit to the company to the amount desired.

The company have already expended upon the road $823,939 74, for
■which sum they yet owe to the Literary Board, the Bank of the State, and
to contractors about $200,000, which will more fully appear by a reference
to an account of the receipts and expenditures of the company hereto an-
nexed and marked A.

Should the Legislature accede to the proposition of the company and
loan them its credit upon the security proposed, the Stale will then have,
after the money borrowed has been expended upon the work, a lien on
property which cost more than $l,100,Oao, which pays as shewn above, a

clear annual revenue of more than 830,000: as a security for the loan of
$500,000.

Should the State, however, contrar)- to all expectations, be ultimately
compelled to take the property and discharge the debt, she will purchase for
$500,000 what has cost more than twice that sum, and which under the
most unfavorable 'circumstances must always be worth the sum the State
may be obliged to pay for it.

The committee have not been able to see this subject in any point of
view, where there was the slighest probability of loss to the State in loaning
her credit as solicited by the company, they therefore feel some reluctance
in urging it upon the attention of the Legislature, with all the force, which
both its justice and usefulness demands; lest it might be supposed, in so
plain a case, the Legislature could be suspected of indifference to the pros-
perity of so large a portion of the State.

Whatever may be the profits of this road to the stockholders, every
body must admit it cannot be otherwise than beneficial to the growth and
prosperity of the capital of the State, a result grateful to the pride of every
citizen of North Carolina. It is certainly the interest as it should be the
desire of every portion of the people to render the capital of the State not on-
ly prosperous, but of easy access, by this means reformation will be r .pidly
diffused and those facilities for legislation which cannot be procured in
small communities will be abundantly supplied. For these reasons the
committee recommend to the Senate to loan the credit of the State to the
company and to extend the capital stock of the company to 1,500,000, and
for that purpose they have reported a bill.

The committee have inserted a clause in the bill giving the State the
right at any time, within five years from the completion of the road, to be-
come a stockholder to the amount of 5,000 shares, which privilege the State
may exercise or not hereafter, if the investment proves to be unprofitable.

W. B. SHEPARD, Chairman.

A BILL

FOR THE RELIEF OF THE RALEIGH AND GASTON
RAIL ROAD COMPANY.

I. Be it enacted by the General Assembly of the State of North

2 Carolina, and it is hereby e?iacted by the authority of the same,

3 That it shall be the duty of the Public Treasurer of this State, and

4 he is hereby required to make and execute, in proper form, and in

5 his official capacity, certificates or bonds binding the State for the

6 payment of the money purporting to be due thereon, to the amount of

7 five hundred thousand dollars, and no more.

II. Be it further enacted, That the said certificates or bonds shall be

2 issued for the sum of one thousand dollars each ; and shall bear interest at

3 the rate of six per centum per annum, payable semi-annually on the first

4 Monday in January and July in each and every year, at the Office of

5 the Raleigh and Gaston Rail Road Company in Raleigh, or at such

6 other place or places as the President and Directors of the said Raleigh

7 and Gaston Rail Road Company may designate, for making payment

8 of the same.

III. Be it further enacted, That all certificates of debt or bonds of

2 the State issued under and by the authority of this act, shall be signed

3 by the Public Treasurer in his official capacity as herein before men

4 lioned, and shall be countersigned by the Comptroller of this State

5 and duly registered by him at large in a book prepared and kept for

6 that purpose.

IV. Be it further enacted, That the said certificates or bonds shall

2 be transferable by the holders of the same, or by his, her or their

3 attorney, in a book to be kept by the Public Treasurer for that purpose,

4 and in every such transfer the outstanding certificate or bond shall be

5 surrendered to and cancelled by the Public Treasurer, and a new
G certificate or bond shall be issued for the same amount to the person

7 entitled to the same.

V. Be it further enacted, That the debt hereby created, shall not

2 be redeemable until after the first day of January, one thousand eight

3 hundred and seventy, and after that day the same shall and may be

4 redeemed at such time or times, and in such proportions as may here-

5 after be declared and appointed by law.

VI. Be it further enacted, That for the payment of the interest

2 semi-annually at the rate of six per centum per annum, on the principal

3 debt hereby authorised to be created on the credit of the State for the

4 relief of the Raleigh and Gaston Rail Road Company, until the same

5 shall be fully paid to the holders of the certificates or bonds therefor,

6 and for the full arid entire payment and redemption of such principal

7 debt, and every part thereof, the faith of the State is hereby pledged,

8 and the General Assembly doth hereby guarantee the payment of the

9 full amount of the debt authorised by this act to be created, and of the

10 punctual payment, semi-annually of the interest thereon, at the rate

11 aforesaid, until the whole of the said debt shall be fully paid, satisfied

12 and redeemed.

VII. Be it further enacted, That whenever the President and Di-

2 rectors of the Raleigh and Gaston Rail Road Company shall mnke,

3 execute and deliver to the Governor of this State, for and in behalf of

4 the State, a deed of mortgage under the seal of said Company, wherein

5 and whereby shall be conveyed to the said Governor and his successors

6 in office, for the use and benefit of the State, all the estate, real and

7 personal, belonging to the said Raleigh and Gaston Rail Road Com-

8 pany, or in any manner pertaining to the same — conditioned for indem-

9 nifying, and saving harmless, the State of North Carolina from the

10 payment of the whole, or any part of the certificates or bonds hereby

11 authorised and required to be issued by the Public Treasurer, and shall

12 also make, execute and deliver, under the seal of said Company, to the

13 Governor, for the use and benefit of the State, a pledge of so much of

14 the profits of said Company as shall be sufficient to pay, semi-

15 annually, the interest which may accrue on said certificates or bonds,

16 until the final payment and redemption of the principal of said certifi-

17 cates or bonds — which said deed of mortage and pledge shall be

18 approved by the Attorney General of this State. — Then it shall be the

19 duty of the Public Treasurer, and he is hereby required to deliver to

20 the President and Directors of the Raleigh and Gaston Rail Road

21 Company, the whole of said certificates or bonds, which by this act he

22 is authorised and required to issue, taking therefor the receipt of the

23 President of said Raleigh and Gaston Rail Road Company.

VIII. Be it further enacted, That in case of failure by the Presi-

2 dent and Directors of the said Raleigh and Gaston Rail Road Com-

3 pany to pay and discharge, semi-annually, the interest which may

4 accrue on the said certificates or bonds — it shall be lawful for the

5 Governor of this State, for the time being, to apply in behalf of the

6 State, to the Superior Court of Equity for the County of Wake, for a

j 7 sequestration of the receipts for transportation on said Road, and for

i 8 the appointment of a Receiver or Receivers of the said receipts —

0 which Court, on the proof of the failure to pay such interest by the

.10 President and Directors of said Rail Road Company, shall have power

j 11 to order such sequestration, and appoint a Receiver or Receivers accord-

12 ingly— and in case of such sequestration, and the appointment of a

I J 3 Receiver or Receivers of the profits of transportation on said Road —

j 14 it shall be the duty of such Receiver or Receivers to apply so mucii

I 15 thereof as shall be sufficient to pay the interest on said certificates or

' IG bonds, semi-annually, and to pay the excess to the President and Direc-

17 tors of said Raleigh and Gaston Rail Road Company,

IX. Be it farlher enacted, That from and after the commencement

2 of the year one thousand eight hundred and seventy, it shall be the

3 duty of the President and Directors of the Raleigh and Gaston Rail

j 4 Road Company, to pay and redeem the principal of the certificates or

5 bonds, hereby authorised and required to be issued by the Public Trea-

0 surer, and delivered by him to the said Raleigh and Gaston Rail Road

' :7 Company, at such times and in such amounts, annually, as may be

8 prescribed and directed by act of the General Assembly of this State.

'9 And in case of failure of the President and Directors of the said Ra-

j; 10 leigh and Gaston Rail Road Company to pay ofTand redeem the prin-

1 1 cipal of the said certificates or bonds, at such times and in such amounts

12 as may be prescribed and directed by act of the General Assembly —
I 13 Then it shall be the duty of the Governor of this State, for the time

14 being, to cause the mortgage made and executed by the President and
I 15 Directors of the said Raleigh and Gaston Rail Road Company to be
■ 16 foreclosed in the Superior Court of Equity for Wake County, which

17 Court is hereby authorised and empowered to take jurisdiction of the

18 same — And on a decree of foreclosure being made by said Court —
10 it shall be the further duty of the Governor of the State to cause the
tiO whole estate, real and personal, so conveyed by mortgage, to be sold at

21 such time and in such ways as shall most efTectually protect and

22 save harmless the Slate, against any loss or damage, by reason of

23 its liability for the payment of said certificates or bonds, or any part

24 thereof — and out of the proceeds of such sale or sales to pay ofT and

25 redeem the whole amount of principal of said certificates or bonds,

26 and to pay the excess to the President and Directors of said Com-

27 pany.

X. Be ic further enacted, That the General Assembly may, at any

2 time within five years after the completion of said Raleigh and Gas-

3 ton Rail Road, elect to take five thousand shares of the stock of said

4 Road, as a full equivalent for the liability of the State, for the princi-

5 pal of said certificates or bonds ; and on refunding to the President and

6 Directors of the said Company, the full amount of interest which they

7 may have paid on the said certificates or bonds, to the time of making

8 such election. And on electing to take the said shares, the mortgage of

9 the real and personal estate of said Company, to secure the payment of

10 the principal of said certificates or bonds, and the pledge of the profits of

11 the said Rail Road, for securing the payment of interest as herein pro-

12 vided for, shall cease, determine and become of no force and effect; and

13 thereafter the State shall be liable for the payment of the principal of

14 said certificates or bonds, and the interest accruing thereon.

XI. Be it further enacted. That the stockholders in said Raleigh

2 and Gaston Rail Road Company, shall have povv-er, and they are here-

3 by authorised, if they deem it necessary, to increase the capital stock

4 of said Company to one milllion five hundred thousand dollars, by

5 adding thereto such number of shares as shall not in the whole ex-

G ceed fifteen fhousand shares, which additional shares shall be taken and

7 held to be a part of the capital stock of the said Raleigh anc? Gastoo

8 Rail Road Company, as fully as if the same had been originally sub-

9 scribed therein.

XII. And be it fmihei enacted, That this act shall be in full force
2 from and after the ratification thereof.

Receipts and Expenditures of the Raleigh and Gaston Rail Road Company
to November 1st, 1838.

Received on account of capital stoclf,
'• loan Literary Board.
" Bank of the State,

Bonds issued to contractors,

Expended on account of excava;lion and em-
bankment,
Expended on superstructure^

" on bridges, &c.

" on Masonry,

" on iron,

" land damages,

" surveys,

" depots, &c.

" horses and cars,

" wood and repairs^

" contingent expensfs,

" salaries,

Leaving unexpended,

Raleigh, Nov. 25, 1838.

8000,504 48

50,000 00

60,000 00

91, .560 01

6802,071 09

8 427,913 22

154,488 78

83,690 91

23,674 01

; 46,655 03

; 18,211 67

; 40,508 49

i 8,255 .07

[ 570 00

! 507 38

5 3,014 54

I 16,444 04

! 823 939 74

\ 38.191 31

S. W. WHITING, Treasurer.

No. 12.

LEGISLATURE OF NORTH CAROLINA
Raleioh, December, 1838.

REPORT

PRESIDENT AND DIRECTORS

OF THE BOARD OP

HHTISMHAIL HMIPMO^EMIEKraP^

LEGISLATURE OF NORTH CAROLINA.

Kaleigb, !^. C.

THOMAS iORIXO, ? RI N T K K TO THE LKCISLATPBK

1«39.

To the Honorable the

General Assembly of North Carolina :
Gentlemen:

1 have the honor to transmit herewith, the report of the
Board of Internal Improvements.

I avail myself of this occasion, respectfully to suggest the proprie-
ty of uniting the Boards of the Literary Fund and internal Improve-
ments under one set of commissioners. It is believed that the public
good will be equally well subserved and much inconvenience and ex-
pense saved to the gentlemen composing the Board, who live at a dis-
tance from this place where the business is transacted. The pay al-
lowed the members must certainly fall short of the expense and the
trouble of attendmg the meetings of the Board during the busy seasons
of the year, which has been occasionally necessary, though such calls
have been promptly and patriotically met; yet is it right to claim their
service on such conditions when it can be avoided ?

At the same time it is proper to make the appointment of members
living in the vicinity of, and best acquainted with, the works in which
the State has an interest. The interest of State has required the con-
vention of both Boards at the same time, and of course the Executive
could not preside over both, as required by law, therefore it is necessa-
ry to appoint the meetings in succession, occupying his almost constant
attention, at which he does not complain, if it were advantageous to the
State. The business of the Boards are closely allied, and the profits
of the accounts blended.

Transfer the Literary Fund to the management of the Board of
Internal Improvements (the name most appropriate) and increase the
members to five, with power to detach one or more to give particular
superintendence to works in his or their vicmity, with such salary as
your Honorable Board may think proper, I have no doubt would be
consulting economy for the State and relief and convenience ta the
members.

With liigh consideration and respect,

I am your obedient servant,

EDWARD B. DUDLEY.

Executive Office, ^
December 7, 1838. )

REPORT

OF THE PRESIDENT AND DIRECTORS OF THE BOARD

INTERNAL IMPROVEMENT.

To the Honorable

the General Assemble/ of North Carolina :
Gentlemen :

The President and Directors of the Board of Internal Im-
provement have the honor to submit the following Report:

That the Board was organized in April 1837, and engaged in dis-
charge of the duties committed to their care. It was ascertained that
the amount of funds under the control was $115,171 87, the balance
of the old fund and the remainder of the second mstalment of the sur-
plus just then received, after meeting previous appropriations.

In conformity with the act of your last session which authorized
a subscription on the part of the State, to the stock of the Wilmington
aad Raleigh Rail Road company, it was on the first of April 1837
made to appear to the satisfaction of the Board of Internal Improve-
ment, by report of the Engineer of the company, that 1,088,049 80
was the estimated cost of the construction of the Road from the "town
of Wilmington to Weldon on the Roanoke Riv^er," tliat solvent Indi-
viduals had subscribed $ 751,300, and tliat $ 198,748 31 had been
paid into the Treasury of the company. This subscription on the part
of individuals being nearly $100,000 — more than 3-5ths of the sum
'' necessary to construct said Road from the town of Wilmington to
Weldon on the Roanoke River," and the payment being upwards of
$ 10,000 more than one fourth of the individual subscription ; the
Board thereupon subscribed two-fifths of the capital stock of the
Company.

The act authorising this subscription on the part of the State was
construed by the Board to intend that the company should be entitled
to its benefit whenever three-fifths of the sum necessary to build
^he road from Wilmington to Weldon was subscribed by indi-
viduals, and the requsitions of the act having b«en literally complied with
the Board felt constrained to make the subscription : but the question
presented itself whether it should be limited to 2-5ths of the sum ■' neces-
sary to construct the road from the town of Wilmington to Weldon on th?
Roanoke River," or to 2-5thsoftlie whole capital stock of the companyi
a subscription of all of which, it was estimated would be necessary to

build the Road and to effect the Steamboat connection with Charleston
authorised by an amendment to the charter; considering that the sub-
scription of individuals exceeded 3-5ths of the sum necessary to build the
road by nearly as great an amount as it fell short of 3-5ths of that which
was necessary for both, the road and the Steamboat connection, that
the line to Charlestown would be vastly the most profitable in propor-
tion to cost, that the unsubscribed stock would certainly be taken up
and would probably appreciate in value, and considering above all that a
liberal construction of the law, was most likely to be in accordance with
the views of the Legislature in aiding this spirited and noble effort at
improvement ; the Board determined to subscribe for 2-5ths of the whole
stock as before stated, and they did this the more readily as it was the
opinion of legal gentlemen of reputation consulted on the occasion that
the law authorised it. To enable the Board to do so, a transfer from
the Literary Fund was agreed on to make up the amount — say $ 34,-
828 13, until the third instalment of the surplus should be received,
which would all be placed to the credit of the Board. In July follow-
ing the 3d instalment was received and the amount returned. The
company has since produced certificates of the payment of two more
instalments by individuals and the like instalments have been paid by
the Board for the State ; for more particular information the report of
the company and account of their Treasurer are herewith submitted
marked A.

By the Report it will be seen that the company v^ash to obtain the
assistance of the General Assembly to endorse their Bond, to enable
them to effect a loan on better terras than they would command without
the State endorsement for the amount of $ 349,081 32 to complete the
road ; in preference to calling on the individual subscribers for'lhe
fourth instalment or forcing into market the balance of the stock for
less than its probable value on the completion of the road. This
measure would be for the benefit of the State as well as individual
subscribers.

The payment of the fourth instalment by the State would lessen
the amount to be raised by loan. This could be done without incon-
venience to the State, and we feel no hesitation in recommending the
same. Individuals have proceeded the State in the payment of seven-
ty-five per cent. ; it appears but just that the State should pay the other
25 per cent! without waiting till individuals have paid theirs. The
precautionary measure of requiring individuals to pay first, in Virginia
where the 2-5ths and 3-5ths system has been established, is carried only to
the second mstalment, after which the copartners proceed in the pay-
ment <'pari passu.-'

The expense of the stages to complete the route to make it valua-

ble is more tlian that of the road and Steamboats together, and conse-
quently it is all important to prosecute the work with all possible vigor
to a speedy completion. The operations oi the roads, boats and stages,
now nett a small income, on the completion of the road, the mail only
would yield near 5 per cent, with less expense than it can at present
be carried, which with the increase of travel and transportation it is
confidently believed will make it the best stock in the State. An early
completion is also important not only as a test for other works in con-
templation and so much needed by the State, but because such a large
portion of the materials used in the construction of Rail-Roads is so
perishable in its character as to make an early use of the road the best
• economy.

In suggesting a new measure of improvement it is deemed impor-
tant to revert to those works, which have already been constructed, or
are in a course of construction, in order to shew its connection and ne-
cessity, for as the object of works of improvement ought to look to the
increase of commercial facilities and general intercourse, their con-
nection and mutual dependence is to a great degree indispensable, and
in taking this review it is obvious to consider the Wilmington and Ra-
leigh Rail Road as the basis of the Rail Road system of the State. —
This road could never have been regarded by the Legislature as a
mere thoroughfare for northern and southern travel, or it would not
have been patronized so liberally as it lias been. It can be a matter of
not the slightest importance to the people of North Carolina, whether
the citizens of other States should occupy twelve hours or as many
days in passing through the State. Other considerations it is presu-
med operated with that body. The conviction that no extensive Rail
RT)ad can sustain itself by the sole transportation of productions, with-
out the aids desirable from the transportation of a great number of per-
sons, no doubt had its influience and induced that body to avail itself
of the opportunity to promote the lasting interest of the State, which
offered in the construction of a road, whose peculiar locality adapts it
to both. An immense transportation of persons was reasojiably antici-
pated on this road, at the same time that it was foreseen that no road
leading from any other of our seaport towns to within about 30 miles
of the seat of Government (the supposed centre of the State) could by
possibility be so located as to offer the same advantages ; no other sea-
port in our State is so situated in reference to the great mass of north-
ern and southern travel, as to make it tributary to the great object of
throwing at least, a very large portion of the produce of the State into
one of its own.

The company, as will appear from the report of the President, is

at present assiduously engaged in completing the branch of the road
which leaxis to and unites with the Portsmouth road at Weldon, whilst
the main stem (properly so called if we regard the title of the company,
or the leading interests of the State) to Raleigh is postponed. The
intention of the company however, it is understood, is to accomplish
both, and although the object in hastening to completion the line to
Weldon is a legitimate and proper one, as it is frooi that branch, the
greatest profit is expected, nevertheless it appears to the Board that
measures should be adopted to accelerate the commencement of opera-
tions on the line from Raleigh, to the intersection at Waynesborough,
or other more suitable point. Until this line is completed the road
must remain a dead letter to the interest of the great section of the
State lying west of Raleigh and which is looking with anxiety to its
completion. When this road shall have been constructed and the Ra-
leigh and Gaston road finished, Wilmington on the one hand and the
markets of Virginia on the other, will virtually have been brought to
the centre of the State, for a single day will then suffice to place the pro-
duce accumulated here, in either, and the farmer and planter of the
west may here end his journey in quest of a market.

Although much will certainly have been done then for the western
section of the State, much will remain to be done if its drooping agri-
culture and commerce are to be thoroughly revived and the supposed
views of the IjCgislature are to be carried out. These seem to have
looked to two modes of communication between the valley of the Yad-
kin and Wilmington, the one through Fayetteville by Rail Road and
the Cape Fear river, and the other through Raleigh by Rail Road.
The intention to communicate through Fayetteville is manifest, and
would dqubtless be carried into effect, had the requisite amount
of individual stock, to secure the subscription of the State,
been taken ; that of communicating through Raleigh is presumed from
the evident policy of the measure, both as regards the end in view and
the means by which it was to be accomplished : it was important to
offer to the west the choice of markets which the two roads leading
north and south from Raleigh is intended to afford, and it was expedi-
ent to use the extension of the Gaston road from its intersection wilh
the Fayetteville and Yadkin road for the purpose ; for this road was
proposed to be constructed without the aid of the State. Taking it for
granted, that the leading policy of the State in relation to its Internal
Improvement, is to conduct the produce of its western section to one
of its own ports, and believing that a sufficiency of stock has not been
subscribed and is not likely to be subscribed to carry into effect either
of the plans above mentioned : more liberal aid on the part of the State,

than tlie 2-5ths and 3-5ths scheme proposes must be aftbrded or they
must be abandoned, and some other plan of a more practicable character
adopted.

The Board have had this part of the subject under consideration,
and incline to the opinion that a turnpike road from Raleigh to Salis-
bury, (thence westward to the limits of our State, if deemed expedi-
ent) with a branch to Fayetteville, would answer the demands of the
intervening country, and the section circumjacent to Salisbury. The
Board is fully aware of the highly excited state of public feeling on the
subject of Rail Roads generally, and on that of one from the Yadkin
to Fayetteville or Raleigh in particular, and nothing short of a due
sense of duty could induce it to make the suggestion it does; but un-
less the Legislature will at once by an issue of stock, afford the means
of perfecting the rail road scheme, it will be in vain to rely further on
individual exertion, and a mode of improvement entirely within the
ability of the State, should at once be adopted ; of this character is the
proposed turnpike.

The length of this road, supposing it should be located on the pre-
sent stage route, will be about 134 miles ; the mode of construction
might be that of some of the western turnpikes of Virginia — all the
parts which are liable to be cut up in wet weather, to be McAdamized,
and the firm ridges not liable to it, to be graded, rounded and well
drahied. The McAdamized portion may be done for about $ 3000 per
mile. The ridge portion for about $ 300. In the absence of any sur-
vey it is impossible to say how much will be required to be McAdam-
ized, but it probably will be safe to assume one half,

67 miles at % 3000 per mile % 201,000

6r do $300 do $20,100

For the main road $ 221,100

The Fayetteville branch, supposing it should leave the main road at a
point 80 miles distant Irom that town, will cost for

40 miles at $3000 $ 120,000

40 do at $300 12,000

132,000

Total for both roads f 353,100

The effect of this measure will be to reduce the price of transpor-
tation from one half to one fourth, or what is the same thing, enable
the transporter to carry with any given power from double to four
times the weight he can carry on the ordinary roads of the country,

and when the very small sum which it will take to produce so great a
good to a section of the State which has received absolutely nothing
from the public chest, in the way of improvement, is taken into view,
it is not perceived that the Legislature would act otherwise than with
justice and policy in effecting the work at the public charge.

The main road is proposed to be laid through the counties of
Wake, Chatham, Orange, Guilford, Randolph, Davidson and Rowan.
These counties, according to the last census, contain 124,943 inhabi-
tants— something more than a sixth part of all the inhabitants of the
State, and the counties, portions of which lie within 35 miles of the
road, and of course within striking distance of it, contain 302,787 — near
one half of the whole population of the State. This view is intended
to exhibit what the Board have no other means of exhibiting, not only
the great amount of persons to be benefitted, but the probable a-
mount of productions that will find an outlet by this road, for
it is fair to assume that the population of these counties is as pro-
ductive as that of any other portion of the State, if so, nearly one half
of its exportable productions may be advantageously transported on
this road. Reverting to the postponed part of the Wilmington and
Raleigh Rail Road, towards the promoting of the speedy construction
of which the action of the Legislature is considered important, as it is
an indispensable link in the proposed chain of internal communication,
it is worthy of observation, that the population of the counties, por-
tions of which arc within 35 miles of the line on which it will proba-
bly be laid, when added to the counties before mentioned on the turn-
pike route, will reach to 414,277, considerably more than half of the
whole population of the State. The Board declines to make any com-
ment on this important fact ; the inference from it is palpable.

On the subject of providing the funds which may be necessary to
effect this work, it is presumed there can be no difficulty in supplying
them. A single financial operation will place them at the disposal of
the State. Three hundred and fifty three thousand one hundred dol-
lars, is the estimated cost of the work. Let the State issue six per cent,
stock to that amount redeemable in 12 or 18 years. Such a stock would
probably sell at a premium of 5 or six per cent. At the same time let
$ 176,550 of the funds belonging to the S tate, be set apart to sink the
debt, which that sum with its accumulating interest will do if properly
managed, in less than 12 years, the first period suggested for reim-
bursement ; at the end of which the whole outlay of the State on ac-
count of the work will have been $ 176,550 only. But if the sinking
operation is extended to 18 years, then the outlay of $ 353,100 will havo
l>een repaid, and the $ 176,550, returned to the treasury. The tolls

on the road will meet the annual interest on the $ 353.100. Tliis will
amount to $21,186. The fact stated by Mr. Murphy in his memoir
on the Internal Improvement of North Carolina, that the section of the
State west of the Yadkin, exports annually $ 2,000,000, worth of pro-
duce is assumed, and it cannot be doubted that the section east of the
Yadkin and west of Raleigh and Fayetteville, exports an equal amount.
Suppose however, that both sections should send on the proposed
roads only .f 2,118,000 worth of produce, an amount far short of that
which it is believed will be sent, and suppose that one per cent, only
on the value, should be charged as toll, then the annual interest as
above stated will be met by the tolls. A barrel of flour worth $ 5, will
pay 5 cents, a bale of cotton worth $ 30 will pay 30 cents, and other
articles in proportion. It is shewn then that by borrowing $ 353,100
at simple interest, say 6 per cent, which the tolls on the road will pay
and by loaning i^ 175,550 at compound interest, for the period of 18
years, the work may be effected without a cent of cost to the State.

The use of the road will therefore be a clear gain to the State, and
a constant source of revenue to the amount of more than $ 20.000 an-
nual ly — An aversion from going in debt is as commendable in a com-
munity as in an invividual — but there are cases which make it highly
expedient in either to do so ; this is believed to be one of them — for a
vastly important object is to be obtained, which it is not perceived can
be otherwise attained, and if the foregoing view of complete reimburse-
ment to the treasury and permanent rsvenue to the State should be
considered doubtful, or absolutely fallacious, still the work should be
commenced and the means supplied even at the hazard of a long de
ferred debt ; permanent public works of the kind under consideration,
an not designed exclusively for the passing generation, all posterity are
to reap the advantages which will flow from them and nothing can be
more reasonable and just, than that they should participate in the ex-
pense of constructing them. It is obvious that the same principle on
which it is proposed' to raise funds for this road, is applicable to every
work in which the State may engage.

ROANOKE INLET.

The reopening of thi» inlet is justly deemed a matter of the utmost
importance, not only to a large, populous and wealthy section of the
State^ but to the coasting trade of the United States also ; it is nearly
central on the Atlantic frontier and is so situated in reference to Cape
Hatteras shoals as to be the preci.so point where a harbnr is most wanted;
at present vessels driven on the coast to ibe Nortfi of tliese shoals by

N. E. stornis are almost always lost, if they are not able to enter the
capes of Virginia or weather the shoals, this is the certain consequence
and an immense number of lives and amount of property is thus lost
annually from the want of an inlet at this point. The General as well
as State Government appears to be very sensible of the great advanta-
ges which would result from a successful operation on this inlet. En-
gineers of both have repeatedly had the subject under consideration,
and although it is believed to be a work entirely practicable, no steps
have been taken to effect it. Previous legislatures seem to have been
deterred from the undertaking by the very large sum it involves, and
a vague notion of uncertainty as to final success, and the General Go-
vernment have abstained, probably from the fact that no pressing de-
mand for its action has been made by the State, the party most inter-
ested. We see that upon the representations of the portions of the
State most immediately interested in their improvement, the swash at
Ocracocke and the shoals below Wilmington have received the most
prompt attention from the United States Government, and it is not
doubled that if our whole delegation in Congress would unite in press-
ing the claims of the State for reopening Roanoke Inlet, the operation
would be speedily undertaken ; but views of policy entirely fatal to this
and every other extensive work of improvement by the U. States in the
south seem to prevail ; while millions are expended annually on sections
less scrupulous, the South is standing aloof on principle, without a just
participation in the improvement effected by the funds common to all
the States. If there was any prospect, that the action of the General
Government on this subject could be arrested, by such a course, there
would be some justification of it, but if after twenty years of unsuccess-
ful opposition the same measures contiue to prevail, it would seem that
the policy which refuses or neglects to receive a fair portion of the
common benefit is suicidal and ought to be abandoned.

OCRACOCKE INLET AND BEAUFORT HARBOR.

It is known that the General Government has for several years
past, been engaged in the improvement of the swash at Ocracocke, and
it is understood that no permanent good has as yet resulted, or is likely
to result, according to the opinion attributed to the engineer engaged
on the work ; if such an opinion has been expressed, it coincides with
that of Mr. Fulton, who entertained great doubts of any thing benefi-
cial being effected here. He supposed that the channel would always
bo liable to bo fillod up. and from its exposed situation could never be

a sate harbor even lor sinull vessels. It would seem useless, therefore,
for the General Government to contmue its operations at this point. —
The object of opening a safe, convenient, and permanent communica-
tion between the ocean and Pamlico sound might be effected by means
of a short canal across the isthmus which separates Beaufort harbor
from Pamlico sound. This harbor presents all the advantages of ac-
cessibility from the ocean and perfect security which could be desired,
and a ship canal to connect it with the Sound would to a great extent
relieve North Carolina from her state of commercial dependence, and
enable her to take sucli rank aming her sister States as her population
and extent of Territory justly entitle her to.

It will be remembered that Mr. Nash made a survey for such a canal
on a line that would connect North river with South river, and reported
it practicable at an expense of ;$ 700,000 ; but it is conjectured that the
object may be effected for half that sum at the scite of the Clubfoot and
Harlow creek canal. This sum is so inconsiderable, compared with
the vast importance of the work, that we should not hesitate to under-
take it without the aid of the General Government, if it should be
deemed improper to ask it. Among other means -which might be ap-
plied to it, are the 82,000 acres of land through which the canal route,
proposed by Mr. Nash, passes. These lands are estimated to be worth
not more than 25 cents per acre, equal to $ 20,500. If the State would
incorporate a company and grant these lands on condition that the
w^ork be effected, it is probable that the advantage of acquiring so large
a body of fertile land, v/hich would be measurably drained by the
canal, would induce a subscription of the stock. The land in its pres-
ent condition is utterly valuless to the State, and she would do well by
giving it away to people it, and bring it into cultivation ; if the advan-
tage of a ship canal is superadded, it is not ]^)erceived that a more pro-
fitable disposition of it could be made. It is probable that the U. S.
would contribute largely towards the furtherance of this work: indeed
it is on a canal at this point that the General Government should have
made its first efforts towards the improvement of the external naviga-
tion of North Carolina, because works effected here, being inland, would
be secure from the influence of the ocean, and would be permanent and
because such a work while it would accommodate the trade of Pamlico
sound and its tributaries most completely, would be a link in the great
chain of inland navigation from North to South, on which she has
been acting for years p?s\. and whi'i'h is justly deenT^d ?i mott-^r of
great national interost.

CAPE FE.IR NAVIGATION COMPANY.

The resolution of the last Cieiieral Assembly directing the Board of
Internal Improvements to inquire into the proceedings and operations
of this Company, to ascertain whether it exacts any tolls not autho-
rised by its charter, on what terms it will relinquish its charter, &.c.
was duly acted on by the Board, and the communication of the Com-
pany through their agent, Mr. M'Neil, which it is believed embraces
all the questions of fact proposed, is herewith submitted for your infor-
mation, in packet marked B.

The Board is not in possession of any information, nor has it any
reason to suspect that the Company exact any tolls unauthorised by
the charter, nor does it appear, from an examination of that instru-
ment, that there is any obligation on the Company to apply them to
the improvement of the river.

It is scarcely necessary to remark that the terms offered for the
surrender of the river, 6cc. to the Slate, are not such as ought to be
accepted. The comparative statement made by Mr. M'Neil, of the
freights on this river, and on other southern rivers mentioned, it; wor-
thy of particular observation, as they show the advantages and impor-
tance to the western portion of the State of some more convenient
mode of communication with Fayettcvillc, than now exists.

NKW RIVKR.

The resolution of your last session requiring the Board to ascer-
tain the practicability of removing the shoal at the mouth of New
River in the county of Onslow, received the early attention of the
Board. It being within the knowledge of the Board that a survey of
this Inlet had been recently made by an engineer of the United States,
the Board thought the desired information could be most readily obtedu-
ed from the War Department. Application was accordingly made to
the Honorable the Secretar^r, who promptly furnished a copy of the
report and drawing of Lieut. Alexander J. Swift, which it is believed
fully embraces the object oif the Legislature, and which is herewith
submitted, marked C.

Reports also from the Roanoke Navigation Company are hercwitli
submitted ibr your consideration, marked D.

13 ^

The financial operations of the Board, annexed, are supported by

journal of proceedings and vouchers in the office.

All which is respectfully submitted.

EDWARD B. DUDLEY,

President ex officio.

Executive Office, )
Raleigh, Nov. 7, 1838. \

The Public Treasurer

To Fund of Internal Improvements, Dr.

1837.

April. To amount then on hand |59,333 61

balance 2d instahiient of surplus, after meet- ^ r" e--jQ or

ing other appropriations \ '^^^^'^^ ^o

July 1. amount 3d instalment of surplus 477,919 13

amount of Cherokee bonds and land sales 16,649 91

premium on funds received in surplus 964 60

dividend Bank of Cape Fear 784 00

do. do. do. 504 00

$611,993 51

CR.

1837.
April 1. To payment of 1st instalment to the Wilming- ')
ton and Raleigh Rail Road of the States' \
subscription 3

May do. 2d instalment do.

183S.
Oct. 25th, 3d do. do.

amount of loans to corporations and indivi- }
duals \

Paid Col. Smith to lay off and construct a )
road from Franklin to the Georgia \
line, as appropriated 5

To amount of expenses of the Board since I
April, 1837 ^

Nov. 1st, 1838. Balance

Made on loans and transferred to )

the credit of the Literary Board, \ $18,114 75

per Treasurer's account )

Rec'd. since 8,811 50

$150,000 00

150,000 00

148,450 00

9,000 00

791 25

$608,241 25
3,752 26

$611,993 51

$26,926 25

EEWARD B. DUDLEY,

President ex officio.

Office of the W. & R. R. R. Com pax v, ^

■Wilmington 23d November, 1S3S. I
Gov. E. B. Dudley :

My Dear Sir — I am duly in receipt of your favor of 18th, and
now do myself the pleasure of enclosing a short report of the state,
condition and prospects of our company, whicli I hope will be lound
satisfactory. I also enclose a calculation of the interest due on our
bonds to the State and the Treasurer's statement corrected and signed
by the State Directors ; there is a small difference betwixt my statement
and the Treasury, (mine being taken from another statement) but as
the sum total is the same, it is not important, making as you will see,
the cash on hand $ 72 33 more than stated by me, and another
account less. As you will have seen. Gen. Owen, you are of course
informed of the result. Maj. Gwynn has gone to Washington to pro-
pose for a daily mail, in which we are all anxious he may succeed, as
the success of the road, we think, depends much upon our obtaining it.
With much respect

Very truly yours,
ALEXANDER ANDERSON, President pro tcm.^

The undersigned, President, 2^^o tern, of the Wilmington and
Raleigh Rail Road Company, resj^ectfully submit to the
Board of Internal Improvement, the foUoicing REPORT of
the state, condition and prospects of the affairs of the Com-
pany.

The Road is completed in a superior style, and in daily use for
the transportation of passengers and produce from this place to Fai-
son's Depot, a distance ot 64 miles, and from Weldon to Enfield 20
miles, making 84 miles. From Faison's depot to Waynesborough depot
is 19 miles ; about four miles of this is finished, and the remainder
graded and all the sills and rails laid down and ready for the iron, with
the exception of one and a half miles, which will be done by 6th Dec.
next. The iron is now being laid down, and it is confidently believed
that the road will be completed and in daily use to Waynesborough
by the 25th December next, when 103 miles of the Rail Road will be
in complete and succersful operation, being perhaps superior to any
road of the same materials and construction in the United States.
The whole of the remainder of the road, from Waynesborough depot
to Enfield, being 58 miles, is under contract at prices within the esti-
mate, and the sills and rails for about 20 miles purchased, and laid
along the line of the road ; of this portion, 8 miles will be graded by
the 1st of January next, and on 4 miles of which the superstructure
will be laid and in readiness for the iron ; and it is estimated that by
the 1st of May next, twenty miles of the above 58 will be completed
and in use, leaving only 38 miles, (all of which is in progress,] of this
great road, which well tried and responsible contractors are bound to
complete by the 1st January, 1840 ; thus constructing, in the short
space of less than three years, one of the longest and most important
Rail Roads in the world, and carrying out successfully aud triumph-
antly, the first great work of Internal Improvement embarked in by
the State of North Carolina.

By the Treasurer's statement of the Sth instant, you will perceive
that the amount expended in the construction of the road, bridges.

<€

depots, water stations, &c., including all materials, salaries, office ex-
penses, printing, surveys, &;c. &c. is $759,496 20
Purchase of steam boats, being balance of that account 182,176 00
Do. stages and horses, do. do. 65,778 78
Do. real estate for depots, &c. (fee, including

Clarendon house 10,234 95
Do. engines, coaches and cars 51,006 50
Amount in hands of agents, not disbursed 7,181 37
Contingents, being postages, advertising, agents, pro-
fits and loss, (fee. 3,963 79
' Amount paid to contractors in Edgecombe, partly in adv. 20,500 00
Cash on hand 39,397 85

$1,139,735 44

The amount of receipts and balance due by the Company, as per
Treasurer's statement, is as follows :

From individual subscribers, including amount paid

partly in advance, to Edgecombe contractors $570,146 17
From State, 1st, 2d and 3d instalments 450,000 00
do. on loan 100,000 50
Balance of transportation account, being profits 7,158 97
do. instalment, (State not included) 1,540 90
Bonds payable 532 00
Scrip payable, issued to contractors in Edgecombe 1,164 00
Bills payable, 2 notes to D. J. Burr &, co. for 1 locomo-
tive, &c. 7,682 83
Balance due H. Burden, Troy factory, for spikes 1,070 96
do. do. Depeyster & Whitmarsh 439 61

$1,139,735 44

The monthly expenses of the stages is estimated at $4,500 00

do. do. steam boats 1,500 00

The income from stages, steam boats and rail road, may now be

safely estimated at $11,000 per month, which will gradually increase

as our rail road progresses.

Estimate of the amount required to complete the Road and equip-
ments, including the amounts due to contractors, &.c.

Due on work from Wilmington to Waynesborough depot $70,000 00

Cost of road from Waynesborough to Enfield 442,000 00

12 locomotives with tenders 90,000 00

8 coaches, 56 passengers each, ^2250 18,000 00

80 burthen cars 300 24,000 00

2 additional steam boats for a daily line , 120,000 00

Ware houses 15,000 00

Engineers ■ 20,000 00

Negroe hire 17,000 00

Due on work, Halifax to Enfield, 15,000 00

Interest due to State 9,350 00

$840,350 00

Deduct amount paid contractors in Edge-
combe $21,664 00
supposed avails of the Boston 15,000 00 36,664 00

$803,686 00

Our means and expectations to meet the
above are 25 per cent, from individu-
al subscribers, being the balance of
their subscription $188,862 50

Less received 3,555 67 $185,206 83

Balance on 4th instalment from State 50,000 00

Amountof loan obtained in England, £38,000 ster. 180,000 00

Cash on hand 39,397 85

454,604 68
Leaving a deficiency of 349,081 32

^ $803,686 00

To meet which and enable the Company to complete the Road
without difficulty or embarrassment, I would most respectfully pro-
pose that the State loan the Company her Bonds to the amount of
$350,000 00, on which the money could be readily obtained as it
night be wanted, and no possible risk to the State, on which the Com-
■any will, of course, pay all expenses and interest.
All of which is most respectfully submitted.

ALEX. ANDERSON, PtbsH. -pro iem.

W. Sr R JR. JR. Company.
Nov. 23. 1838.

WILMINGTOi!A-ND /ALEIGH rail road company in account with JAMES S. GREEN, TREASORER.

1838
Nof. 8.

i EXPEl^ITURiS.

To CASH PAID,

On Account of exoai'alion '*3 embaiinient,
" " bridges,

" " rails, sills, nd knee,'

" " superstrufire,

" " iron,

" " engines, caches, »<i oars,

'* " real esta',

" " land dariges,

" " shops ,id warehuses (at Wilmington <

W^on,)
" '* enginering,

" malheiaiical intruments,

" " office'xpenses,

" " salar/s,

printe, / !

'* " negp hire, .

" " surcys andication, i

" " dents and later stations, 1

■• " repirsofr,ad, !

" " pro'it and 5ss, j

" " coiiingenf, j

Hrlifax aid Weldon rail road,
" " sieges nnJ horses, j

stambo/s— viz; Boston, 8 58,223 70

N. Carolina, 61,143 97
Gov. Dudley, S7,536 35
,(/for boats, 5,271 99 '

I In suspense (being amount in hands of agents not yet dis-
i bursed,)

I Amount paid conlralors in Edgecombe county; partly in
i advance of co'trocts on the rail road, being the a-

I mount due by'them on account their rail road stock,

j which sum is included in the receipts of stock as cash,

i Balance in handsof Treasurer,

Examined and found correct,

E. P. HALL,
JAMES CASSIDEY.

U63.215 50

81,548 62

123,301 20

59,719 15

142,008 48

51,006 50

10,234 95

11,800 76

39,072 03
30,531 69
1,794 61
1,185 67
12,428 37
3,889 95
9,455 64
17,327 31
4,417 84
3,519 70
261 93
3,701 86
54,647 34
05,778 78

182,176 01
T,181 37

J S 1,139,735 44

RECEIPTS.

By cAsir,

Received from individuals. on account of stock,

from State of North Carolina, being 'her 1st, 2nd,
ription

fro
Balance to c

I on subst

ind 3d instaUi
Ti ditto,

redil of transportation account,
" interest acccount,

" bonds payable,

" scrip payable,

" biils payable,

H. Burden, Agent, Troy
Factory,

Deppysier and Whit-
marsh, (N. Y.)

S 7,158 97
1,540 90 I
532 00 1

439 61 j

450.000 00
100,000 00

I S 1,139,735 44

gton, N, C, 8th November (inclusive) 1838.

JAMES S. GREEN, Treatuni:

■>| '¥*

I RAIL ROAD COMPANY IN ACCOUNT WITH JAME

Cc
12

En
Nej

Du(gton and
Int€

Ded

Our

'8,223 70
'1.143 97
17,536
5,271

35 \
99 5

)t yet dis- \
Balan |(

AmouP^'"t^y '" i
^ , ff the a- t

^^^^d stock.

'^i as cash, }

Leavir

20
15

163.215 50
81,548 62

123,301
59,719

142,068
51,006 50
10,234 95
11,800 76

39,072 03

30,531 69

1,794 61

1,185 67

12,428 37

3,889 95

9,455 64

17,327 31

4,417 84

3,519 70

261 93

3,701 86

54,647 34

65,778 78

182,176 01
7,181 37

20.500 00
39,470 18

$1,139,735 44

withou
^ose th
■$350,0(
night b
•any wi

DEY.

1838
Nov. 8.

I By cash,
Received from indivil
from State

and 3d in!
from ditto,
\ Balance to credit of tr^
int^
bori
scri
bill!
H. !

De]
n

Wilmington, N. C, 8th

Nov.

Fayetteville, June 4, 1838.
To the Board of Internal Improvements :
Gentlemen:

The communication of your Secretary of 23d Febrnrary,
transmitting the resolutions of the last General Assembly, and certain
queries which you made, growing out of said resolutions, were laid
before the stockholders in the Cape Fear Navigation Company, at their
General meeting on the 1st instant : After due consideration they con-
cluded that two only, of the queries, required the direct action of the
stockholders ; the others they directed me to answer from information
to be derived from the Books of the company.

The two which requires the action of the company are,

1st. " On what terms would the Company sell out their stock and
corporate rights, (fcc ?"

2d. " Will the Company voluntarily surrender so much of their
privilege as extends above Fayetteville, and on what terms would they
make such surrender ?"

In answer to the 1st inquiry the company

" Resolved, That the stockholders are willing to sell their stock
and all their corporate rights for $ 50 per share, provided that a satis-
factory arrangement can be made to secure a removal of such obstruc-
tions as may from time to time get in the river."

As stockholders they Vv'-ere willing to sell at $ 50 per share with
out any condition, but as persons interested in the trade of the Cape
Fear, they deem it a paramount duty before they sell to make some
arrangement to secure a removal of the obstructions which may occur
in the river, to effect which it may be necessary to have a commissioner
or agent whose duty it should be on receiving notice of any obstruction
in the river forthwith to have the same removed. This is substantial-
ly the system of the company: and it has required an expenditure of
$ 1000 to $ 1500 annually ; witliout some system of the kind the stock-
holders can have no doubt that the river would soon become so ob-
structed that the steamboats could not run, to the great injury of the
State and the absolute ruin of Fayetteville.

2d. In reply to the 2d inquiry the stockholders have instructed me
to say,

"That as the Board of Internal Improvement have expended on
that portion of the river above Fayetteville the sum of ,f 11,335 11 out
of .the last subscription of the State, the company are willing to have

the State's shares of stock reduced that amount (say 227 shares) and
thereon surrender the river above Fayetteville."

The company in their first efforts to improve the Navigation above
Fayetteville, expended the sum of 44,028 25 at Buckhorn and the
sumof $59,628 18 on the canal near Fayetteville, much of the former ex-
penditure will be found available to any future company, or to the State,
should she attempt the improvement of the river above. The loss by these
expenditures the company considered as merged, under the act of 1823,
when she reduced her stock from .$100 to $ 50 per share, and the State
became a subscriber for $ 25,000, or 500 shares additional stock, of
which subscription the State by her board of Internal Improvement
expended on this portion of the river the sum of $ 11,335 11. —
They therefore ask, in consenting to a surrender of the river above,
that the State's stock be reduced that amount.

3d query. '-The proceedings and operations of the company
generally, and particularly 7"

In answer to this you have herewith a general statement of the
affairs of the company, marked A, page 13, and lor further particulars
you are referred to the subsequent answers.

4th inquiry. '• The efibrts used to improve the navigation of said
river, and amount of funds applied to that purpose, particularly spe-
cifying the amount expended on the river from Wilmington to Fayette-
ville, thence to the junction of Deep and Haw rivers, and for other and
such work included in the amount considered as property or otherwise ?"

Answer. — The operations of the company commenced on the
river between Wilmington and Fayetteville in the summer of 1816. —
Soon after its organization under the charter — and they have been con-
tinued, more or less, every year to the present time. The obstructions
which had been accumulating for ages, by sunken logs, some dropping
into the river from the banks and others brought down by freshets and
lodging in the channel, had rendered the river almost impassable for
any description of craft. It might at that time be compared in some
degree to the famous Red River Raft. The following are extracts
from the first annual report to the stockholders, made by the late John
Winslow, the first President of the company, 3d July, 1817 :

" Entering upon their duties [speaking of the President and Direc-
tors] with feelings warm in the public service ; they found no little em-
barrassment in the selection of the means to be employed to effect the
objects of their undertaking. • The business upon which they entered
was totally new — at all events new to them — having no path niarked
out before them, they were under the necessity of exploring their way,
guided only by the suggestions of their own minds, they proceeded

however, to make a beginning and to use such means as were witliin
their reach to promote, as far as practicable, the grand object of the
company, to wit : the Improvement of the navigation of the Cape Fear
River. Operations were Commenced upon the river about the middle
of August, two Flats having been purchased, and a superintendent and
set of hands hired. * * * * Much useful work has been accom-
phshed, great numbers of logs removed out of the way — the shoal at
Spring Hill, three miles below the town of Fayetteville, so far removed
[upwards of 100 large trees and logs were removed from a space not
extending over 60 yards on the river] that veiy little inconvenience has
since been suffered from them. It is presumed the channel there, as
well as elsewhere, will deepen very much now the logs are removed,
[the fact was after the sand washed away it only showed another tier
of trees and logs to be removed, and the operation had to be repeated
tor a number of years before they were all removed] a good deal of
work has been done in the neighborhood of Moorhead shoals about six
miles above Elizabeth, where very serious obstructions have been re-
moved." * * * * "The river in sundiy intermediate points has
been vastly improved, immense numbers of logs raised and removed,
many entire trees with their roots and tops, are found, some entirely
under water, and rendered almost as heavy as stone, by their long
submersion. These laying in such great numbers along the bed of the
river disposed in every possible direction — have excessively obstructed
and at times altogether interrupted the navigation. * * * * With-
out improvement, the navigation to this place from Wilmington must
in future have been confined to a few months in the winter, and then
except in wet seasons, have been so precarious and hazardous, that
the evil to the public in the additional expense required to carry on the
navigation would have been incalculably great. It is now well ascer-
tained that the principal obstructions to the free and open navigation
of the river for the craft [Poll Boats] usually employed [it was believed
to be impracticable to run a Steam Boat at that time on account of
shags and obstructions] are caused by sunken logs, some dropping
into the river Irom the banks and others brought down by freshets and
sinking across the channel — in various parts of the river have collected
the sand by degrees until the original channel is partially filled up ;
and shoals are thus formed, giving a new direction to the current. —
These changes in the current produce a less depth of water, and in ma-
ny places the obstructions have been so great that the navigation was
completely interrupted at times when there was otherwise sufficient
water in the river to carry it on."

«3

The following ure extracts from the report of the next year, IBIS.
* * "At the last general meeting ol the stockholders a hope was
entertained that the obstructioijs in the river between Wilmington and
Fayetteville would be removed before this time, and to realize this hope
the superintendent of the works was instructed to employ as large a
force as could be worked to advantage. He was also directed to have
made without delay such additional Flats and machinery for raising
and clearing away logs &,c., as might be necessary. * * * ♦ gyt
instead of removing all obstructions between Wilmington and Fayette-
ville, only 45 miles of the river have been well cleared. The work
which has been done has facilitated the passage of Boats, and
trips can now be made from Fayetteville to Wilmington and
back, with much more safety, and within less tim^e by one to
two days than formerly. The obstructions in the river disclosed
to view in its present low state are so numerous that the President and
Directors forbear to give any opinion as to the time which will be re-
quired to remove them. * * * * 'j'he preparations now making
for running Steam Boats on its waters have greatly increased the seli-
citude of the President and Directors fv)r its speedy and effectual im-
provement."

Permit me here to state, that some enterprising individual had had
it in contemplation to put a Steam Boat on the river belbie the opera-
tions of the company commenced, and with that view, they made an
examination of the river, which resulted in a belief that the project was
impracticable, in the then state of the river, and its total abandon-
ment.

By the fall of 1819 the company had made such improvements,
and expended snch sums of money on the river as in their view justi-
fied them in levying a toll, and accordingly a Tariff was adopted, (see
No. 8.) About the same time the Henrietta Steam Boat under the
command of Capt. Rush commenced running ; this Boat with her
commander, and now joint owner, has been on the river ever since, and
is now doing most of the business, never having been snagged or
meeting with any serious accident, Capt. Rush who is a gentle-
man of intelligence and judgement, and who of course after 20 years
experience must be well acquainted with the river and the operations
of the company, makes no hesitation in declaring that he w®uld not
run a Steam Boat on the river if the company were dissolved, or to
cease its operations.

But to return from this digression, to the history of " efforts used
to improve the river," from the year 1819 till 1823, the company con-
tinued, under different superintendents, its operations on the river, not
uniformly with the same energy with which they first sot out ; for they

found, to their discouragement, that they had, more or less of the same
work to do over agnin every year. In the year 1823, under the act of
1823, their works passed into the hands of the Board of Internal Improve-
ments, Mr. Fulton, civil Engineer, then took charge of the work, and
during one season gave it his personal attention, with, it is believed,
about the same success that the company had had. Col. Nelson was
next employed as superintendent under Mr. Fulton, then came Mr.
Nash and Hinton James. The last gentleman worked one summer
(1826) and made the enormous expenditure of 5,200. The Board In-
ternal Improvement then reported to the Navigation company : " That
they had removed all obstructions in the river between Fayetteville
and Wilmington, and completed the navigation of that portion of
the river ; and that the company, by its own resources arising from
tolls, must hmiceforward keep the river in order," and that Board
would then proceed to expend the balance of the State subscription
under the act of 1823 on the river above Fayetteville."
There was expended on the river between
Fayetteville and- Wilmington up to 1823
the sum of
Expended under the Board Internal Im-
provement as reported to this company
Expended by the company, year ending

1st June 1830

u u a a u 1831

" New Boats and Machinery

by the company year ending 1st
June 1832

1833
1834
1835
1836
1837
1838

Making a total expenditure on the river
below, of

i5ii;o «KJ« noJlfiH f M ^ bvrtm^f.

$24,972 39

12,143 13

956 54

$309 71

1,298 52

1,608 23

^68 29

1,527 20

1,538 02

1,708 74

1,525 90

854 82

1,884 99

$49,688 35

Besides removing the trees which slide from the banks into the
channel, every freshet, the company have, since the year 1833, made
several permanent, and very valuable improvements. At Spring Hill,
they erected a centre dam (which was projected by Mr. Nash) about
1000 feet long, and raised the wing dam about two feet, which has
made the pass at Spring Hill good at all times for any Boat that
can get up to that point. Before the execution of this work, I saw
an attempt to get a canoe with 3 Bags Coffee over the shoal fail, a man
had to take the Coffee on his shoulder and carry it over."

The company also erected a wing dam at the old ferry, nine miles
below"Fayetteville, which improved that cross — they cut out the rock
at Elizabeth shoal, thereby effecting a great and permanent improve-
ment at that point — they put in a wing dam at the Sugar Loaf, 390
feet long, which confined the channel to about 50 feet — the sand washed
out of the channel and produced 4 to 6 feet water — they have since
taken off 20 feet of the dam to give more room for Steam Boats, having
Boats in tow to pass ; and still have good water. It is, however, proper
to say that another shoal appears to be forming just below, which
threatens to stop the Boats in low water, and it is now doubted whether
this point can be permanently improved.

For several years past the superintendent of the work on the river
has been directed to keep a journal of his proceedings, and the opera-
tions of each day, the number of logs or trees taken out of the channel,
&c. I have just looked over the Journal of last years work, and I find
that there was 1159 trees, logs and stumps removed from the river.
And now, in concluding this branch of the subject, permit me to say,
that the navigation on the Cape Fear river is better., safer, less liable
to interruption from low water, and by far cheaper than any
river South of the Potomac, of the same size and extent.

We now come to the second part of the 4th inquiry — " The
efforts used to improve the river from Fayetteville to the junction of
Deep and Haw rivers, &c."

Soon alter its organization the company directed its attention to
this portion of the river. Various plans of improvement were suggested
and examined, and the company after mature consideration adopted the
following, to wit : To cut a canal about 27 miles long, reaching
from Fayetteville to Fox's Island, a point on the Cape Fear above
Smillie, and other great falls in the river — on this route not a lock was
required, and only two or three short aqueducts — then with a small ex-
penditure the river could be made a good navigation to Buckhorn falls
— thereby a canal and two locks round said falls — then by the river
to Haywood. This plan has been approved by Mr. Fulton and other

scientific persons, as not only practicable, but liighly judicious, had the
funds of the company justified the undertaking. The estimated cost
of the whole work was $ 250,000, and contracts were entered into for
the whole line of work, the company not doubting that any funds that
might be required could be raised ; they were led to this belief from
the fact that when the Books were opened for stock^for $100,000, that the
sum of 1,200,000 were subscribed— but experience has wofully taught
them the fallacy of that reliance ! The contractors commenced opera-
tions simultaneously at Fayetteville and at Buckhorn — at the former
place a line of canal was excavated from Fayetteville to Strode's creek,
a distance of about five miles — this section including the payment for
land on the line of canals, erecting and keeping up bridges in Fayette-
ville and on the canal has cost the company first and last the

sum of $59,628 18

The Dams, Canal, Locks, &c. at Buckhorn - - 44,028 25

Soon after making the above named contracts, the company opened
Books for additional stock. But in the meantime the great Bank pres-
sure of 1818 and '19 came on, producing universal distress, and to
many, utter ruin — suspicion and want of confidence ensued, and us
might be expected, but few shares of stock were taken. The company
now found itself embarrassed with debt, with heavy contracts and
threatened with total ruiji and insolvency ! To save themselves
from which, they had to suspend their works, and compromise their
debts and contracts on the best terms they could, hoping to resume their
works in more auspicious times ! but these times have not yet arrived.
The company however, so far completed the work (subsequentlj'-) at
Buckhorn falls, as to efiect a tolerable Batteau navigation through the
Canal and Locks around the falls.

As to the operations under the Board Internal Improvements on
this section of the river, you have better means of information than are
accessible to the writer. I take the liberty however, to remark that
under their direction the river was sluiced through Smillie's falls, and
other falls between Fayetteville and Averasborough, which afforded a
tolerable navigation for such batteaus as could pass the canal and locks
at Buckhorn falls, to Fayetteville. But the Board (then under Mr.
Wyche) as we think in an evil hour, abandoned the canal and locks,
and attempted to sluice through the falls, and with that view cut thro.'
the Dams and made an extensive sluice; but failed entirely in making,
a practicable navigation, but in the attempt destroyed that which the
company had. The Board Internal Improvement expended on this
portion of the river, as stated before, the sum of $ 11,335 11, as reported
to this company, but for which no regular vouchers have been filed.
4'

The water privilege connected with canal tit Buckhorn is con-
sidered valuable.

5th query, " What other except from tolls, if any, sources of in-
come ?"

Answer. — The company have no income except from tolls on the
river between Fayetteville and Wilmington.

6th query. " What property this company owns ? how and when
paid for ?"

Answer. — It owns a few lots in Haywood — received from old Deep
and Haw river company of very little value — it owns 100 acres of land
near Strode's creek, 4 miles from Fayetteville, containing a stone quarry
— value probably about $ 400 — purchased and paid for in 1818 and '19,
out of the general funds of the company. It owns a Ware-House in
Fayetteville, cost $ 419— received of P. J. Tillinghast, March 1838,
in settlement of an old debt for tolls, of some ten years standing — it
also owns the line of canal at Buckhorn, and most of the line from the
boundary of Fayetteville to Strode's Creek — it also owns a large and a
smal fiat, with machinery for raising logs. It also owns some timbers
for building another Flat, cost about $ 150. It also holds Bonds for the
sum of $3,712 65, and accounts against others for $1,919 05, most
of which will be ultimately available.

7th query. " The number of State shares."
Answer. — -The State holds 650 shares of $ 50, being rather more
than one third of the Capital stock of the company.
8th query. "The Tariff of Tolls."
Answer. — The rates of Tolls down the river are
on each Bale Cotton ------ 10 cts,

" « Barrel Flour ...... 3

•' " Hhd Tobacco 20

«' « Bushel Grain 1

•' « Barrel Spirits >--.-- 5

" " Cask Flax Seed 7

On all other articles 10 per cent, on the amount of freight to be
estimated from the printed rates of 1825.

RATES OF TOLL UP THE RIVER

on each and every Bushel Salt . - . . 1
" " '• Hhd. or Pipe of Spirits, Sugar, Mo-
lasses, Coffee, Crockery, hardware, dry goods or other articles 25

on each and every Ton Bar Iron - - - - 20

" " " Barrel Merchandize - - - - 5

" « «f Tierce do. - - - - 10

« '' « Tierce Lime ... - , 5

Dry goods and all other packages of Merchandize or other articles
not enumerated, 10 per cent, on amount freight estimated by the printed
rates of 1825.

9th Inquiry. <' The amount of Tolls collected annually ?"

Answer 2nd.

Gross amount of tolls previous to 1st June, 1821, $ 5,290 45

" " '•' year ending 1st June, 1S22, 3,295 10

« " » 2 years " " '^ 1823 and 1824 6,124 80

" « « » « « « 1825 and 1826 7,399 04

$22,109 39
Deduct incidental expenses attending collection (fcc. 4,521 75

Nett $17,587 64

Nett amount of tolls the years ending 1st June, 1827 and 1828 6,045 32

" « « year " " " 1829 4,265 04

« " « '< « " " 1830 3,247 50

« « « « « « '' 1831 3,792 32

Total $34,937 82
But from this sum must be deducted for insolvency &c. 3,798 61

Leaving: a nett sum of tolls to June, 1831 actually coUec-

ted of $31,139 21

Nett amount of tolls the year ending 1st June 1832, 3,219 06

" « « « " « 1833, 3,093 68

" " ^' «' " " 1834, 4,170 71

« ' « 11 months 1st May 1835, 3,882 05

" " " 1 year " 1836, 3,891 98

" " '• " " 1837, 3,277 47

« " « <• « 1838, 1,904 71

Making the sum total of $ 54,578 87

Of which amount there has been expended since 1st June 1829,
a period of 9 years, in improving the river and removing obstructions,
the sum of $ 12,572 83, leaving for dividend to stockholders the sum
of $42,006 04.

Before closing this report I beg leave to present a comparative
view of the rates of freight, before the operations of the company and
at present.

Rates of 1815 a 1816. Present rate.

Down, Down,

Cotton 75 cts. a $ 100 per bale,
Flour 40 a 50 cts. per barrel,
Tobacco $ 2 50 a $ 3 per hhd.

Up,
Salt 10 a 15 cts, per bushel,
Hhd. 30 a 40 cts.
Iron $ 5 per ton.
Boxes and other measurement,
Goods 12^ a 15 cts. per foot,

Cotton 40 cts. including tolb.
Flour 25 cts. " "

Tobacco $ 1 25 '• "

Up.
Salt 8 a 10 cts.
Hhd. 20 cts.
Iron $ 3 per ton,
Boxes (fcc. 6 a 8 ct^. per foot,

Labor was much cheaper at the former period than it now is, but
it may be said that the introduction of steam boats had reduced the
price of freight, but let it be remembered, that steam boats could not
run, but for the improvement made by the Nav. Co. on the river.

I also give below a comparative view of the present rates of freight
on the Cape Fear, and some other rivers.

Cape Fear.

Cotton 40 cts. tolls included,
Tobacco $ 1 25 per hhd.

Up,
Salt 30 cts. per sack,
Sugar &c. 17 cts per 100 lbs,
Dry goods 8 cts per foot,
Iron 15 cts. per 100 lbs.
N. B. in low water there is an ad-
dition to theabove rates of 15 pr. et
lighterage.

Pee-dee.
Cheraw to Georgetown,
Cotton 75 cts. a $ 1 per bale,

Up,
Salt $ 1 per sack.
Sugar and other heavy articles,

30 to 40 cts.
Dry goods 20 cts. per foot,

Columbia to Charleston,
Cotton f 1 a 3i *

Up,
Salt $ 1 a 1^ per sack.
Heavy articles 30 a 40 cts per 100,
Dry goods 20 cts. per foot,

Darien to Macon,
Cotton I li a 3| per bale.

Up,
Hhd. molasses $ 16,
Heavy articles $ 1| a li per lOOZ
Dry goods 37i^ a 60 cts. per foot.

Augusta to Savannah,
Cotton $ 1 a 3 per bale,

Up,
Heavy goods 30 a 40 cts per lOOZ^
Dry goods 20 cts. per foot,

Respectfully submitted by arder of the Board,

GEORGE McNeill, Agent

Hhd. molasses $ 2y

* These rates were furnished me by Mr, D. O'Hanlon, who ran a
boat on these rivers the last season — and he obtained $3 50 for a loa^
»f cotton from Columbia, and the highest price named to Macon,

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War Department, )
April 14, 1838. \

Sir:

I have the honor to acknowledge the receipt of your letter of

the 21st instant, and in reply, to transmit you a report of the Chief
Engineer, the enclosure of which, and the contents of the parcel direct-
ed to you, and which will accompany this letter, contain the informa-
tion respecting the improvement of New river, desired by you.
Very respectfully your most ob't serv't,

S. COOPER.

His Excellency,

Edward B. Dudley,
Governor of North Carolina,
Raleigh,

North Carolina,

Acting Secretary of War.

Engineer Department, )
Washington, April 13, 1838. ' \
Hon. J. R. Poinsett,

Secretary of War.
Sir:

In answer to the letter of His Excellency, E. B. Dudley, Gov-
ernor of North Carolina,' applying for information in relation to the
survey by the U. S., of New river in Onslow county, N. C. I have the
honor to furnish, herewith, a copy of the survey completed this morn-
ing, and of the report of the officer of Engineer in charge of that im-
provement, showing what he proposes to do. The sum of $5,000 was
appropriated in July 1836, for New river alone, and in March 1837,
the $20 000 referred to in the report. '1 he sum of $12,000 supposed
by Lieut. Swift, necessary for operations the coming season, has been
inserted in the estimates submitted to Congress for the appropriations of
this year.

Govarnnr Dndlev's letter is herewith returned.

■- '-^ir. very reRpectfully,

oar obedient servant

C. GPvATiOT.

Wilmington, October, 15, 1838.
Dkar Sir:

I received your letter of the 13th, this morning, and feel
much obhged to you for the trouble y^u have taken in obtaining the
map desired. As to the improvement of New river, 1 will state with
pleasure the present state of the case. Congress, in July last, appro-
priated $25;000 for Core Sound and New river, the two works being
stuck together for some reason that I know nothing of. Of this sum
by the Senate's amendment only $12,500, was available for this year
and as this last sum was exhausted in completing and fitting out tlie
two Dredging Boats that have been built in Baltimore, there is at pres-
ent no money available for the works. One of the Boats will commence
operations in Core Sound in January, and if, at Washington, they ad-
here to the design of improving New river, the other Boat will com-
mence there in February or March. The two Boats are now at
Washington, one of them operating upon the sand shoal just below the
town, enlarging the cut which was made in the fall of 1836, and which
has proved to be of great advantage to the commerce of the town.
I have the honor to be, Sir,

Your obedient servant,
ALEX'R J. SWIFT.

Capt. U. S. Engineers,
His Excellency,

Edward B. Dudley.

Smithville, N. C. Oct. 3d, 1837.
Gen'l. C. Gratiot,

Chief Engineer,
Sir,

On being notified of the passage of the
act of the last Congress, appropriating $20,000 for improving the navi-
gation ol New River and Core Sound, steps were immediately taken
towards building a dredging boat of the proper draught for New River,
and towards procuring a person competent to make the necessary pre-
liminary surveys. The boat has just been completed at Baltimore.
The gentleman who was engaged to make the survey of Core Sound
and New River, finished the survey of the latter, the map of which
survey is in the possession of the Department. As a large party,
under the comaiand of Col. Kearney, were occupied in maldng a
survey of Core Sound, it was deemed inexpedient to make another
survey of it, as I supposed that a copy pf Colonel Kearney's survey
could be easily procured, and that this would be sufficient for my pur-
poses. 1 have been unable to obtain a copy of this survey, and conse-
quently am unable to offer a report asto the improvement of this Sound,
worthy of consideration. My views continue to be the same as those
expressed in my letter to the Department of January 6th, with the ex-
ception, that I now think tht^t stone jetties would be preferable to such
as were used at Fort Macon,

With the piap of New River before me, and with the information
respecting the river that I have been able to obtain from other sources,
it seems to me, that the best course to be pursued, is simply to deepen
the present channel, by dredging. This channel is, however, so circuit-
ous, thc^t it would be necessary to make it a beating channel. As there
is but seven feet water on the bar of New River, I would recommend
that the channel to be excavated, should be made seven feet deep at
high water, and considering two hundred yards as the minimum breadth
for a beating channel, I would recommend this for the breadth of the
channel.

To obtain this breadth and depth, adding 25 per cent, for inac-
curacy in digging, it would be necessary to remove 350,000 cubic
yards of earth, and 50.000 cubic yards of shells. As the dredging boat

« 33

is already constructed, I cstiiimte that to excavate and remove a cubic
yard of earth, will not cost more than 12^ cents, and of shells, say 66^-
cents. The whole excavation then would cost $62,500.

At the upper mouth of the ditch channel, there would be a gradu-
al deposition, which would require to be removed occasionally. In the
river itself, as the bottom is principally of mud, and as there is but a
slight current, it seems to me that an excavation of the width proposed
would be comparatively permanent.

Should the channel be excavated to the width and depth proposed,
it is to be expected that the produce of Onslow county would be
carried directly to New- York, instead of being carried, as at present,
to Swansborough, Wilmington and Newbern, and thence shipped to
New- York.

I have been informed by a gentleman of that county, famiHarwith
its trade, that its exports at present are 1,800 bales of cotton, and
40,000 barrels of turpentine. The decrease in the cost of carrying
these articles, could they be carried directly to New- York, cannot be
estimated at less than $6,000 per annum. The decrease which would
take place in the price of the imports, may be estimated at the ^ of
6,000 or 2,000. The effect then of the proposed improvement in the
navigation of New River, would be to relieve the citizens of Onslow
county from an annual payment of $8,000.

In case it should be determined to proceed with the improvement
of New River, I will mention that $12,000 would be sufficient to de-
fray the cost of working the dredging boat, during the ensuing year.
I have the honor to be. General, '

Your obedient servant,

(Signed) ALEX. SMITH,

Lieut, of Engineers^

REFOKT

OF THE PRESIDENT AND DIRECTORS OF THE

ROANOKE NAVIGATION COMPANY.

The President and Directors of the Roanoke Navigation Company
respectfully submit the following report, to the stockholders in general
meeting :

At the last meeting of the stockholders, the subject of improving
the river for the purpose of using Steam power, was agitated, and an
order was made to have a survey of the river, to ascertain the suscepti-
bility of this improvement. This, of course, induced a suspension of
any other improvement, until that very important question was settled ;
consequently, the hands of the company have been hired out for roost
of the last year at high prices — an account of which will be found in the
proper officers report.

The hands however, during a part of the last summer and fall
have been employed in repairs on the river, and are now employed on
the canal, near this place.

The low price of produce, and the derangement of the finances of
the country, together with the short crops have exerted a considerable
influence on our receipts. Though under the peculiar circumstances
of the present year, the amount of tolls collected is by no means dis-
couraging. For a more detailed account of which, we refer the gener-
al meeting to the reports of the Treasurer, which accompany this paper.

The long expected completion of the Rail Roads intersecting the
Roanoke, has recently taken place, or will shortly take place, which
must exert a powerful influence on the destinies of the company. The
Greenville and Roanoke Rail Road was completed during the present
year, which has given great additional facilities to the markets of Pe-
tersburg and Richmond, and the large receipts at Gaston have been
such as to justify high and well founded anticipations. The Ports-
mouth and Roanoke Rail Road, though completed to within a few miles
of this place, for some time, has been of little service to us without
some means ©f crossing the river. This disadvantage may now be

considered at end, as the cars now pass the bridge over the river with
goods and passengers, and in a few days the Locomotive, and a full
train, will run regiilariy to our basin in this place.

At no period of our existence have the means of sending produce
from home to any market been so great, or the transportation so cheap.
The Roanoke region by means of these two roads, now have access to
any and all the markets of the Union ; to predict which, twenty years
ago, would have been considered madness. The improvements how-
ever, of that period, more particularly the great revolutions which have
been wrought by the use of steam power, have disclosed the fact that
our sluice navigation is unsuited to the improvement of the country at
large, and imsuited to and insufficient for the wants and convenience of
the country through which our rivers flow. Our improvements were
planned and constructed before the advantages of steam power were
generally known. Were they now to be made, there can be no doubt
cur funds might be much more advantageously applied for ourselves,
and for the country,

A survey of Roanoke, Dan and Staunton rivers has been made
recently by Mr. John Conty, with a view to ascertain the practicability
of using steam boats on those rivers, which Mr. Conty assures us has
resulted in the most satisfactory manner, and he gives it as his decided
opinion, that steam boats can be put on those rivers with comparative
little cost, which will reduce the price of freight to one-third of what
it is at present.

Mr. Conty has not yet been able to make out a detailed report, but has
kindly attended our meeting to give any information which may be
wanted. He has. however, made a partial rough report to this board,
which we here submit to the general meeting.

SAMUEL PANNELL, President.
Weldon, Nov. 6, 1837.

W''

ARTICLES TRANSPORTED ON THE ROANOKE CANAl^
FROM THE 1st NOVEMBER, 1836, TO 31st OCTO-
BER, 1837.

2,975 hhds. Tobacco.
5,741i bbls. Flour.
1.389,996 " lbs. Manufactured Tobacco.
131,187 lbs. Dry Goods.
183,817 Articles, paying^ per cent, per 100 lbs.
125 hhds. Tobacco Stems.
13,714 lbs. Coffee.
1,275 lbs. White Sugar.
4,691 sacks Salt.

39 hhds. Molasses.
8,049 galls. Domestic Spirits,

794 '•' Foreign do.
1,587 " Wine.
50 Millstones.
36 boxes Tallow Candles.

6 '■'• Sperm, do.
90 hhds. Sugar
14^ bbls. do":
801 casks Lime.
41 bales Cotton.
9 casks Cheese.
21 1 tons Plaster Paris.
440 galls. Oil.
7,426 lbs. Bacon.
29,150 lbs. Nails.

6| tons Castings,
824 bbls. Fish. '

131 lbs. Butter.
34 bbls. Tar.
1 box Soap.
3,084 lbs. Raw Hides
24 tons Iron.
13,894 lbs. Grind Stones.
290 bushels Corn.

2i tons Copper.
100 galls. Spirits Turpentine.
276 galls. Vinegar.
120 " Cider.

\ ton Manufactured Iron.
34 bushels Flax Seed.
H tons Dressed Stone.
443 bushels Wheat.
100 lbs. Lead.

STATE OF THE ROANOKE NAVIGATION COMPANY ON THE lilh DAY 01' NOV. 1S37,

Capital Stock subscribed by individuals

11 " by Boavd of Public works, - Virginia,

ii " by State of Koi'th' Carolina

Received -for Negroes sold

Premium obtained on bills of exchange

Receired for discount on North Carolina Bank Notes

Profit on Bank Stock purchased

Interest collected- from Stockholders

Overpaid by Stoeldiolders

Dividend Fund

Due Stockholders on account of dividends

Errors in former Treasurer's account

Expended in the work from its commencement, after deducting hire of
Negroes, money refunded and articles sold
Due from Stockholders
Cash on hand

Resources, of the company
Due iiom Stockh^-^t?;^^gr?o v.. .

ZJiatfi'/iCies ot the company
Borrowed tJroni dividend Fund
Other debts

Receipts and Expenditures during tlie year
Balance of money on hand per last annual report
Tolls and Rents

Received from Portsmouth and Roanoke Rail Road Cornpany
making embankment
Hire of Negroes
■Interest collected

Disbursements during the year
Payments to Stockholders for tfividentis

" for improvements and repairs

" to Treasurer, Secretary and superintendent of Canal

" for Director's expenses ■

" to Toll collectors
Balance of money on hand

p 282,000 00
80,000 00
50,000 00

422,3Z0 301 ;
12,752 1-1 ':
9,164 93

12,752

14,025

800

3,078 35J

1,181

8,374 12
6,027 51

1,230 37

3,166 99

28 41

5,526 75

3,145 70

550 00

156 05

283 97

9,164 93

(412,000 00:

7,043 58

345 68

14 15
4,719 50
7,790 27

76 25.
6,221 04
6,022 25

54 62|

U44,287 34i

444,287 34i

4,259 35|

18,827 4ft

November 6, 1837.

A. JOYNER.

STATE OF THE ROANOKE NAVIGATION COMPANY ON THE StKDAY OF NOV. 1638.

Capital Stock subscribed by individuals

" " " State of Virginia

'• " " State of North Carolina

Received for Negroes sold

Pi'emium obtained on bills of exchange

Received for .disoomit on North Carolina bills
" '• profit on Bank Stock purchased
" " Interest collected from Stockholders.

Overpaid Ijy Stockholders

Dividend Fund

Due Stockholders on account of dividends

Error in former :Tieasurer's account

Expended in the work from its commencement, after deducting hire of j
Negroes, moneys refunded and' articles sold j

Due from Stoeldiolders !

Cash on hand ■

Resources of the company j'

Due from Stockholders as above (

Thirty-tbjree Negroes estimated to be Worth ' »

^vi — ^ .,. *— .-^.:..3- _/• ;..„. ,*„^ t-^^yi and lionts ,

Liabilities of the company ( '

Borrowed from the dividend Fund [

Other debts, ' about j

Receipts during the year (kc. I

Balance of money on hand per last annual report I

Tolls and Rents f

Hire of Negroes •

From Stockholders on account of Stock , i,

" " for interest on Stock

" " for eosts on suits

For Mules, Oxen and Bacon sold

Payments and disbursements during the year

Payments to Stockholders for dividends

" for improvements and repairs

" to Treasurer -and Secretary

" for Director's expenses

" for expenses of commissioners to attend' Legislature of Va.

" for collecting Tolls

-Cash remaining on hand

Weldon, November, 5, 1838.

J 282,000 00
80,000 00
50,000 00

7,043 58

345 68

14 15

4,719-50

8,278 42

-76 25

8,914 ,51

6,855 50

34 62i

$413,000 00

■ I 36,302 21^
$448j302.81i

424,447 66i i
12,429 14 !
11,425 41 i

12,429 U

4,344 59i f
800 00 !

.9,164 93

9,120 66

1,246 07

322 97

488 -15

36 66

167 37

5,151-75
2,455 44
550 00
110 00
412 02
442 19

9,121 40
11,425 41

418,302 211

5,144 59J

20)546.81

ao,646 §1

'^^^

Weldon, December 5, 1837.
Sir:

I have the honor of herewith transmittins^ the report of the

Board of Directors to the stockholders of the Roanoke Navigation

Company, with accompanying documents.

I am with very great respect,

Your obedient servant,

A. JOYNER.

The President of the Board of

Internal Improvements.

Raleiffh.

Raleigh, November 19, 1S38.
Sir :

1 liave the honor herewith to transmit to you, for the use of the
Board of luterniil Improvements, the annual report of the Board of
Directors of the Roanoke Navigation Company, to tlie stockholders in
general meeting, with accompanying Documents.

I am most respectfully.

Your obedient servant,

A. JOYNER.
Tiic President of the Board of Internal
Improvements of North Carolina,
Raleigli.

REPORT

OF THE PRESIDENT ATD DIRECTORS OF THE
ROANOKE NAVIGAAION COMPANY.

The President and Directors of the Roanoke Navigation conipauy
respectfully submit the following brief report to the Stockholders in
general meeting assembled :

Owing to the anticipation of an improvement of the Roanoke and
the principal tributaries, Dan and Staunton, with a view to Steam Boat
navigation, it was thought prudent to suspend operations, in the way
of sluicing, except so far as they were indispensable to the immediate
passage of produce during the past summer. At the opening of the
season for such operations, the company's hands were employed in the
operation of the works at Danville ; thence they descended the Dan,
and in their passage executed what seemed to be necessary to render
the sluices or that stream safe and easy of navigation. The Banister
was the next object which claimed attention, and has, it is believed,
been put in such order as to preclude all further expenditures of money
and labor for years to come. The season being far advanced, the
hands were then taken up the Staunton as far as the head of Long
Island, effecting in the passage, such improvements, as were thought
necessary. Thence they descended the Roanoke, and have placed
all its sluices in a condition to be navigated with comparative ease and
safety. The Board take ^jleasure in calling the attention of this meet-
ing to the improved condition of the finances of the Company. Our
tolls within the last fiscal year have increased about fifty per cent, on
the receipts of any former year, and it is confidently believed would
iiave been considerably rqore, but for the low state of the water, which
for a period of three months produced a suspension on some, and a
great decline of business on all parts of the river. By reference to the
Treasurer's, report, herewith submitted, it will be seen that the funds
of the company will justify a dividend of 2\ per cent., which this Board
most respectfully recommend to this meeting to declare.

SAMUEL PANNELL, President.

Weldon, November 5, 1838.

•'rt^sUhiU ami Uireci.
Company by A. Join

■ of the J to
R, lYcastfr

'iio/.-e Narisnlion

I'lic undersigned i-espccUully reports, llitit the balance remaining in
the liands oftbe Treasurer at tlie last settlement on the Nov.
1837, amounted to, ------_ -

Since which time the following sums have come into his hands:
BeceiTcd from Stockholders oir account of stock, - - - i

u for interest fronr Stockholders, ---._;

11 for costs expended in certain suits, _ - - - :

li for hire of negroes since last settlement, - - . :

" for 47 lbs of bacon had by overseer, - - - . ;
" " tolls collected from 1st November. 1S37 to 31st Ootober, i

1838 $ 8,845 60 i
Deduet commissions for collecting toll, - - - 442 19 !

Water rents, - - - - . . " .

Mules and oxen sold by B. A. Pope under order of
Directors,

oard of ;

? 9,164 93

323

488

8,403
375

And that during the satne period disbursements have been made for !

outstanding debts at last meeting and expenses incurred since, !

amounting to, - - - - - - $ 3,527 46 |

Payments to stockholders on account of dividends, - 5,151 75;

Leaving a balance in the hands of the Treasurer of, - - !

That portion of the foregoing receipts which constitutes the divi- I

dend fund, is composed ol the following items : J

Kelt tolls collected fronr 31st October, 1837, to the 1st November. 1838 !

amoirnting to, $ 8,403 47 j

Water rents, - - - 275 00 ;

Aggregate dividend fund,

J,679 21
1,425 41

making, - - - • - $ S.678 47 ;

To which add surplus remaiiring after declaring last dividend. 236 04 \

$8,914 51 i

A dividend of 2J per cent, on ^ 399,000, the present amount of ;
capital, after deducting $ 13,000 of stock purchased and owned by the j
company, will amount to $8,997 75 and will exceed the dividend j
fund by the sum of $ 83 24. So small a balance I conceive may be ;'
safely charged on the profits of the next year, and I therefore respect- j
fully recommend that a dividend of 2\ per cent, be now declared. ;

Weldon, Nov. 1838. j

A. JOYNER, Treasurer. !

Rtpr,rl of A. Joiner. Treasurer, to the President and Directors of the
Roanoke Navigation Company.

The balance remaining in the hands of the treasurer at the last settle-
ment, on the day of November, 1836; amounted to the sum of,

Since which time the following sums have been collected:

Front Portsmouth and Roanoke Rail Road Company for making em- j
bankment near the canal, --.__.

Interest on this claau, ■--.,...

Hire of Negroes to Thomis Squiggins

Interest collected ofThos. Squiggins --_-.!

Hire of Negroes to "Wilton, Davis (k Co

Hire of Negroes to Jpyner fc Smith - - . _ .

Tolls collected from 31st October, 1836, to 1st November, 1837, \

Deduct commission paid for collecting tolls, . - . .

i
, . f

Tolls collected atPanville Canal,

"Water Rents, . ;

During the same time the following payments and disbursements have 1

been made.
"Payments to Stockholders oa account of dividends, - - ,

Disbursements for debts contracted since, and outstanding claims at last \

general meeting,

Balance remaining iir hands of Treasitrer . , , . j

That portion oftbe foregoing receipts by the Treasurer which belong j

to the dividend fund, is "composed of the following items : !

Tolls on Roanoke canal, --..___ I

'■ on Danville canal, i

"Water rents, ---.-.-,.. t

To which add tolls previously collected at Danville and not yet ap-
propriated,

■Surplus remaining after declaling the 5th dividend.

Aggregate amouirt of dividend fund, - . - .
A dividend of li per cent, on % 399,000, the present amount of stock
owned in the company after deducting $ 13,000 of stock o^vned
by insolvent subscribers, aird purchased by the company will
anrount to,

And will leave a surplus of,
Nov. 6, 1837.

A. .TOINER, Treamrer.

3,851 75

|9,378 50
,9,164 93

$ 18,545

5,396
72
275

$ 5,743

116 66
360 84

$6,221 01

$236 I

I.v Sexate, Dec. 9X), 1858. [L.']

R E P O R r

— "►♦© © ^mm-m

The committee to whom was referred memorial of t!ie the Internal
Improvement Convention, lately asscinbied in t!ie City of Kakigh,
liave had the same nnder consideration, and have given to the \ciy
important subject to which it iilatcs, as mature a dt-liberation as the
xevy short space of time allotted to them would allow. The commit-
tee regret tliut the late period of tiie session at which this memorial
was presented may give to their diliLcMations son.ewhat tlie a|)pear-
ance of precipitancy. Tliey are, I'.owevcr, consoled by the reflection
that the subjects arc not new: they have, eacli of them, at various
times, fvccupied the attention of the j)eopl<j of the state, niitil a firm
anil settled conviction seems to jiervade all classes of the (ommuitity,
that the time has arrivid wiien the State of North Carolis'ia can nu
longer, consistently with her character or Iter interest, delay embai Ic-
ing in a system of internal imjjiovenients.

The memorial before the commitiee was the lesult of tlie delibeta-
tionsof a very numerous convention of individuals assembled IVom all
parts of tlie State, and bringing witli them tiie most satisfactory evi-
dence of the great inconvenienrcs and privatiosis under which tlie peo-
ple of the State labor, and calii igupon tlie Legislature, as their duly
constituted agents, to remove them.

This appeal reaches us in su( jj an imposing form, it so surely sjjcaks
the wishes of a large majo: ity of tlie people of the State, that, if so
disjiosed, we can no longer disiegard it, either injustice to oursthes
or to the various inteiests we represent. Wc must, at all events; give
some satisfactory reason why we will not aid in rem(*ving grievances
»)f which all ( lasses complain.

The committee do not deem it tieoessary at this tinre, toenlaige up-
on the great benefits which the people of the State would deiivc from
n general antl well devised system r)f internal impi'ovemcnts. They
sincerely hope that no member of the Senate doubts that much can be
•lone, by facilitating t!ie means of intercommunication among the peo-
ple, to improve their condition, and to place within the reach of the
poorest, means of rational etijnynient, fiom which, at this time, they
ai-e utterly (iebarred by the dilHc uliies and the cost of transpoitation^.

Dr. Ailam Smith, the author of liie Wealth of Nations, observes, that
good roads, canals, ami navigable rivers, by diminishing tiie expense
of carriage, pnt the lemote [)aits of a countiy mor-e nearly ujion a level
with those in the neighborhood of large towns, and on that account they
are the greatest of all Improvements. They encourage the cultivation
of the remote parts, wliich must always be the most extensive circle

of thccountr},' Ihcv are advantageous to towns^ by breaking down
the mon(>[)(»ly of the coiiJitiy in tlie neigliborhooil; and they are ad-
vantageous to all parts of (lie country; for ibougb tbey introduce
some rival comsnodi ies into the markets, they open many licw mar-
kets to its produce.

Tiuit in all societies there siiould be found many who blindly adhere
to the existing state of things, from an undefined apprehension of dan-
ger from all changes, is to be expected from the tiatuie of men; thus
we are told by the same author, in 1776, that fifty yeais before that
time, some of tlie counties in the neighboriiood of London petitioned the
Parliament against the extension of the turnpike roads into the remoter
counties, "'rhe remoter counties, they pretended,- from the cheapness of
labor, would be able to sell their grass and corn cheaper in the London
markets than tliemselves, and would thereby reduce their rents and ruin
their cultivation. Their rents, however, have risen, and the cultivation
has been improved since tliat time."

It is likewise said that the counties on the Hudson river, in New York,
opposed the canal ill that State, which has added ninety millions of dollars'
value to her real estate, from the samejUarrow-minded and illiberal fears —
fears which have been disappointed almost beyond belief; for the rich
stream of wealth which has poured through tiiis canal has fertilized every
portion of the State. We have, howt^ver, in North Carolina, but little to
apprehend from such jealous fears as these. Every portion of our State
is suffering from the same cause. Those counties which are within sound
of the roar of the sea, are barred from its benefits by narrow sand banks,
which not only remove them miles from market, but add incalculably to their
expenses of transportation. Hence it is, that every portion of the State
is vitally interested in this subject.

Independently of the rapid accumulation of wealth which easy and ex-
'peditious modes of passing thiough a country always produce, they are
likewise the great means of civilization. Africa owes its perpetual bar-
barism to tlie impracticability of penetrating the country, more than to
its sterility. Noi- could England, by her severe penal laws, civilize the
inhabitants of the Highlands of Scotland until slie cut roads in evevy direc-
tion through those fastnesses, and opened them to the light of civilization.
Eilgland and Scotland have no less than twenty-two canals running across
mountain ridges, connectitig the east with the v.'est; and where but a cen-
tury a<;o, the robber and the outlaw found shelter, commerce, with all its
train of blessings, has established the abode of peace and contentment.

The want of these facilities for intercommunication, so essential to the
refinement (if society, is not peculiar to North Carolina. Although it is here
felt in an eminent degree, it is, however, the misfortune of the whole south.
We are rapidly becoming a nation of Arabs, who pitch their tents upon a
spot and remain just long enougli to exhaust its abundance and muddy its
waters, and then fly in pursuit of fresher pastures. Patriotism or the at-
tachment to the place of our birth, is a result of a high state of civiliza-
tion, and is always the stronger in those minds where it is mingled with
associations of an elevated and ennobling character.

In proportion as you give to the citizen a cause to be proud of his coun-
try, in the same degree you excite and c'lerish in his bosom those feelings
of strong devotion to her fortunes, which have givv-n to the world all its il-
Justrious examples of patriotic heroism. Instead of those magnificent

3
monuments of human art which adorned the ancient world, it lias been the
boast of modern times to seek chiefly the useful and tiie beneficial; and
measured by the standard of utility alone, the superiority of the moderns
is most manifest; for it is saiJ, with great truth, that the introduction of
glass and linen has diflfused more real comfort among the modern natioms
of Europe, than the Senators of Rome could derive from all their refine-
ments of pompous and sensual luxury.

The general diftusion of a certain portion of wealth among the people
is, moreover, indispensal)le to the perpetuation, as wei! as the rational en-
joyment of freedom. Man, when condemned to hopeless and perpetual
poverty, when he finds his ilaily toil fails to ensure a moderate portion of
even tiie necessaries of life, limits his exertions to the supply of his daily
wants, and, degraded by his privations, can only be stimulated into ac-
tion by the commonest of motives, hunger and thirst.

It is then most clearly the duty of every Government that desires the
happiness of the people, that aims at the character of parental, to aid, l)y
every means in its power, their industry, and to remove all unnecessary
obstructions from its free and efficient action. This is the very object for
which Government was formed; and when, from indifference to the wel-
fare of the governed, or from any other cause, it ceases to promote this ob-
ject, it has fai ed in its end and design. This is most emphatic:dly true of
those governments which are called densocratic. They are a part of the
people and must after a few vveeks, mingle with the great mass, sharing
and participating their joys and their sorrows. If such a govertment as
this does not sympatliize with the sufferings and privations of their fellow
citizens; if, restrained by any selfish motive, by any Icar of the loss of
popularity, or by the trammels of party, from acting, where action alone
will ensure success, there is but little hope for the improvement of the
condition of that people who are so unfortunate as to have commilttd
"their destinies to such guidance.

In a cause so glorious as the improvement of the condition of our com-
mon country, the government should not lag behind th.e zeal of the citi^-
zen; but placed like a sentinel upon the watch tower, it should be the firsi"
to give notice of the approach of danger; and what danger can more a-
larm the ardent lover of his country or the cool and cautious statesman,
than to see towns sinking into villages, comnicrce leaving the shores it
once enliveneil, anci the young and enterprising seeking a soil more conge?
nial to their characters.^*

North Carolina has great agricultural and manufacturing capacities. She
never can enjoy any very large share of foreign commerce. Nature has
placed insuperable difficulties in the way of such aspirations. But, with
proper encouragement, these two arts, which most effectually enrith na-
tions, may here flourish, and spread contentment and plenty where now
poverty and misery can alone be found. Agriculture find manufactures
mutually assist each other, and it is impossible for either to be in a flour-
ishing condition without communicating to the other some portion of its
prosperity. The manufacturer offers to t! e farmer that mnrket at home,
in consequence of which numerous articles otherwise valueless become
profitable to cultivate. Tlie farmer ceases to labor, when the produce of
his toil is valueless at home, or the cost of transpo ting it to the nearest mark-
et is equal to the price of his commodity. Ijet cheap and easy communi-
vcations be opened into our interior, ^nd wherever there is water powe.r

there will be manufactories, and wlierever ihc soil is not barren the hus-
batulmun will increase his exertions, when he finds the produce of his la-
bor not exhausted in charges.

This view of the benefits of internal improvements is peculiarly worthy
of the attention of the poorer classes of society. A community exclusive-
ly agricultural must always be poor. This is a truth more apparent in
planting tlian in any other agricultural countries. In the planting States,
an individual without land and negroes, finds but few avenues to wealth;
and those of dilficult and laborious access. The planter himself, although
he may spend his days in abundance, finds the difficulty of providing em-
ployment for a numerous oflspring his greatest care.

There is nothing in political economy better settb'd, than that division
of labor is tlie great source of wealth to nations. I^ct the pursuits of a
communiiy be divided between agriculture, munufactures an! commerce;
and the man who is not born to the inheritance of paternal acres, will find
a mine of wealth in his health, his skill, his character, and his industry;
which, though they may not be adapted to one employment, will certainly
find some congenial pursuit.

The connnittee do not propose indulging in general illustrations of the
benefits of internal improvements to a community. They cannot, hr)wev-
er, forbear ren/inding the Senate of the exasnples of New York and Penn-
sylvania. Pennsylvania has a State debt of more than JS28,000,000, of
which 222,000, Ot)0 was incurred for public improvements. The value of
the works owned by the State is estimateil at 23 millions; so that, if the
State were disposed to sell her works at public auction, they would very
probably bring one million of dollars more than tliey cost, witbout estima-
ting the vast increase of wealth these works have created to the State at
large. Previous to the commencement of the works, it was said by a dis-
tinguished statesman, that the wheat frequently rotted in the barns of the
fanners in the interior of that State; and a large portion of the population
of Philadelphia sufl'ercd from the want of bread and the want of work.
The tolls paid on coal alone, which is transported on the Schuylkill canal,
amounts to 24 per cent, on the capital stock of the company. And the
Pennsylvania State works, which, although executed by the State alone, and
at a cost of near twenty per cent, more than was necessary, yet they near-
ly paid, the second year after their full operation, six per cent, on cost.

New York presents a still niore brilliant example of State munificence.
The New York State Canals which have been completed and commenced,
are 823 miles in extent, and will cost more than 18 millions of dollars. If
to this be added the cost of enlarging; the Erie canal, (now too small for the
business,) it makes a total of S3 millions of dollars, about 13 millions of
which has been paid; leaving 20 millidns to be provided for. This State
has loaned its credit to the Delaware and Hudson Canal Company, and au-
thorised a loan to the New York and Erie Rail Road Company of 3 mdl-
ions, making the total liabilities of the State §36,800,000. The 340 miles
of canals and rail roads constructed by incorporated companies, have a cap-
ital of S7,485,0''0. Other rail roails and canals have been commenced
by private companies, with a capita! of about \7i millions of dollars. This
is tlie condition of New York, a State which, at the revolution, had no
greater population than our own, and a territory not equal in variety or
richness of productions. It is said the comparison does not hold good, be-
cause those States are richer than ours. But to what do they owe their

wealth? It is chiefly to these very improvements, which are objected to.
Pennsylvania, particularly, has but little foreign commerce. She is almost
exclusively a manufacturing and agricultural community. Even England,
the most commercial people on earth, is said to owe most of her enormous
wealth to coal and iron, ot which our interior is full: but it will be always
valueless, if the cost of transporting it exceeds the value of the article
when it reaches a market.

The memorialists present to the attention of the Senate two great works,
the completion of which would benefit very large sections of the State, and
which they urge tlie State immediately to commence. The first in im-
portance is the rail road from Fayetteville to the Yadkin river; the next
is an outlet at the foot of Albemarle Sound. In urging the immediate
commencement of these works, the committee do not mean to undervalue
the claims to the favorable attention of the State of the fine Harbour of
Beaufort. If North Carolina is ever to take rank as a competitor for the
European trade, it can only be through the Harbour of Beaufort. The
wants, however, of tiiis section are not so pressing as to require immediate
action; and the rail road from the Yadkin to Fayetteville is, likewise, in
the line of that improvement, and may, at some future day, easily be car-
ried to Beaufort.

For there reasons, the committee have concludi-d to recommend to the
Legislature those works only whicii nre of immediate and pressing neces-
sity, leaving the completion of the plan to future Legislatures.

The reason why the attempts at internal improvement iiave hitherto
been abortive in our State, is, that too much has been attempted with in-
adequate means. The committee have, therefore, selected such works as,
in their opinion, would be most diffusively beneficial to the State; and
with this view, they have reported several resolutions.

The first resolution recommends a guarantee of a loan by the Raleigh &
Gaston Rail Road Company of 8500,000. This project cannot be classed
with new and untried works, as it is nearly completed, and sliould be con-
sidered separate and apart from any new plans. The committee refer the
Senate to the riport and bill upon that subject, and recommend their a-
doption.

The second resolution recommends the subscription, on the part of the
State, of four fifths of the capital stock of the Yadkin and Fayetteville
Rail Road. It will be recollected by the Senate, that the last Legislature
subscribed two-fifths of the capital stock of this company, provided three-
fifths were raised by private subscription. It has been found impossible tO'
raise three-fitlis of the capital stock of so large a work in a country where
surplus capital is so scarce as in any part of the State of North Carolina.

And even it there was a great deal of capital, seeking investment in
North Carolina, it is no evidence of the inutility of a work that capitalists
will not embark in it. In the South, capital can be made worth more tharv
6 per cent, and those who have it are generally reluctant to place it where
there will not be an immediate return, or where there is any risk. Moreo-
ver, a rail road may be unprofitable to the stockholders, and yet immense-
ly advantageous to the people generally. For instance, the cost of trans-
porting 100 weight from the neighborhood of Salisbury will cost a farmer,
in his wagon, 87 1-2 cents — by rail road it would not exceed 30 cents.
Here is a great saving of money, exclusive of time. Hence it maybe ex-
tremely proper and judicious for the State to embark in such improvement.

wl>en it might be l.azardous to tlie individual capitalist, who looks solely to
individual gain (Vom toll?. Tiie committee recommend that individuals
should be required to subscribe one tifth, as this will insure the attention
of sufii icnt private interest to secure the economical execution of the
work. Works of this magnitude have usually been done by the Govern-
ment exclusive y; but the committee recommend a sufficieut union ot local
interest to secure the Government from imposition.

The fourth resolution recommends the opening of an inlet at the foot of
Albemarle.

This is a work of great importance to the eastern end of the Slate, and
one tlirough which neasly all tlie waters of nineteen of the richest counties
of this State and many of Virginia would find their sliortest passage to the
ocean. The committee hn.ve been surprised that doubts should still be en-
tertained of the practif ability of this work, which has been so often sur-
veyed, and concerning which so much has been said. The numerous en-
gineers who have surveyed it unanimously report in favor of the piactica-
bility of obtaining at least ten feet water at Nagshead, ('all tiiata coasting
trade want?j altliou;^h they diiTer whether the benefits would be adequate
to the c osts.

It is the province of the engineer to decide whether a work can be exe-
cuted, and what it will cost 5 it rests with the statesman and the people to
decide whetlier they will be sufficiently benefitted to incur the expense.
Let us examine what competent persons say of the practicability of the
work.

The waters of Albemarle Sound, at this time, flow into Pamlico Sound,
thrnugl) Croaton and Roanoke Sounds. It is proposed, in order to open
an inlet at the foot of Albemarle, w';ere one originally existed, to run a
<!am across Croaton a'nd Roanoke Sounds, which dam, by preventing the
Albemarle waters from flowing into Pamlico, will naturally force them in
another direction. 'I'he length of this dam in the vv'atcr will be (including
both soundsj 4 1-2 miles; the aveiage depth of water in Croaton Sound is
7 feet; in Roanoke Sound, from I to 9 1-2 feet. The making of this dam,
or embankment, which involves nearly the whole expense, cannot certain-
ly be a work of any peculiar difliculty. The real question is, where will
the water go, when it is excluded from Pamlico Sound. In investigating
the operanor.s of nature, wlien you have succeeded in finding the cause of
any peculiar occurrence, you have advanced a great way in obtaining your
object. On'' of the United State's Engineers remarks, it you restore the
original topography of the country, you will force the waters into tlie chan-
nel through which they sought the ocean before the cause existed.

Lawson, the earliest historian of North Carolina, reinaiks, " Roanoke
Inlet has ten feet water; the course over the bar is almost west, which
leads you through the best of the channel." At this time, 1701, there
was a very narrow passage through those marshes which divide Albemarle
from Pamlico, and which, by the gradual washing of the water, have since
increased into the size of Croatan and Roanoke sounds. It therefore fol-
lows, from the above reasoning, as is said by Cap ain Bache, '• that if
ihe waters are confined to a single outlet to the ocean, fviz. Roanoke In-
1et,J we I'.ave a right to anticipate even a better navgation than originally
belonged to that inlet, when the passage between tlie sounds, though limit-
ed in size, still existed, as is shown by the earliest writers, who invariably
speak of Roanoke as an island.

The committee are afraid they would swell llicir r.-poit into too great
size, if tliey examined farther the opinions of the Eiigiooers on the prac-
ticability of this work. They will conclude this bratich of tlic subject by
quoting the opinion of General Bernard, Gen. Grotiot, and Col. Totten,
one of whom is considered tiie most skilful Engineer in the world. The
report of Mr. Fullon upon Roanoke inlet was submitfed to these gentle-
men by the War Department for their opinions; and the fnilowin'^- ques-
tion was put to them: "Can the project be executed; and if so, will the
passage remain unaffected seriously by storms and currents?" They con-
cur generally with Mr. Fulton, and, in their reply, use these words:
*'Mr. Fulton proposes to extend a dam across Roanoke and Croatan
sounils. The reasons he gives foi preferring the places cliosen are sub-
stantial." The reasoning ot these gentlemen concludes thus: "There is,
then, good reason to believe that if the embankments are once made, with
sufficieut solidity to resist the effects of tlie first violent storms, each suc-
ceeding year will contribute to their stability, and that time, which infal-
libly destroys most of the works ot man, will here become an auxilliary
of tremendous power."

As reuards the importance of this work to the eastern section of the
State, the committee refer the Senate to the memorial, with this additonal
testimony: Upon that subject, in 1850, a n\eniorial was presented to Con-
gress, from a body of very intelligent farmers and merchants residing in
the eastern counties, who alleged, that upon S2,025,.586 worth of products
shipped via Croatan Soufid, there had been a Ittss, from obstructions, of
S 15 1,469 93 It is but fair, then, to conclude, that upon the v.'hole pro-
duce of that region, the entire loss is more than duubh^.

The committee have, thiMefore, concluded that if the citizens o\ that
section are willing to embark their private fortunes in the work, to the a-
mouat of two-fifths, it is of sufficient importance to a large and prodiic-
tive portion of the State, to justify the State's subscription of thiee-fifths.
They, therefore, recomisiend the adoption of the third restiluiion.

The fourth ies(dufion recommends the a^lvanuing of 150.000 dollars,
the balatjce of the subscription to the Wilmitigfon and Rah jah Rail Road,
and the survey of a M'Adamized road from Raleigh to Greensborou^hj
the reasons for which are amply set forth in the mi-morial*

The fifth resolution proposes to borrow §3.000,000 by ih.o State, to car"
ry into effect the foregoing plans. The State of North Carolina is free of
jlebt, and is possessed of a cash capita' of more than two millions of dol-
lars. It is proposed to leave this untouched, and to ^jse the credit ot the
State. Should the liegislature conclude to borrow the sum proposed, it
will be the introduction of ^3,000,000 of solid capital into the State, which
will be spent in suc'i a manner as to confer the most geneial benefit, ant}
will be permanently domesticated among us. Moreover, it is an act of
^wise economy to borrow money at 3 per cent, which, when used in inipro-'
ving our resources, will at the same time yield a prcifit. The reluctance
manifested by the people of this State to incur debt, is very creditable ta
their integrity. This feelino; may, however, be carried to excess, and it
certainly is with us. Where nothiog is risked, nothing::; ran be gained^
and where a people refuse to borrow money to imj;rove th.cir condition, they
must either remain stationary forever, or incur Inavy taxation. 'I he plan
proposed would in the opinion of the committee render inralculable bene-
fits to the State, and in all probability never draw one dollar from the
pockets of the people: and if such an occiirrance were to take place, the

8
ability of our population could meet the emergency. In 1813, North Car-
olina'paicl a nett revenue to the Federal Government of g456,478; and can
it be possible the people would, if required, hesitate to raise one third of
the sum, when the money was to be spent exclusively for their benefit?

There are two kinds of consumption, productive and unproductive. It
is productive when the farmer invests money in the improvement of his
plantation, in the purchase of improved implements of agriculture &c.; it
is unproductive when he wastes his substance in riotous living. It is thus,
also, with nations. The consumption is productive, when the money
borrowed is spent in making roads and canals, where they are useful "in re-
plenishing the earth and subduing" it; it is unproductive when the money
is wasted in foreign wars, or in useless magnificense. It is then that a
public debt is a curse.

North Carolina has, moreover, in her swamp lands, a resourse which,
if judiciously managed, will give her a fund amply sufficient for all her
wants. There are 1,500,000 acres of swamp lands belonging to the
State, which, if drained, are worth from 20 to 50 dollars per acre. It is
perfectly well known to many Eastern Senators, that the best lands in
their county are the reclaimed swamps. These swamps comprise land*
of enduring fertility, and well adapted to most kinds of productions.

It has been frequently asked, if so, why have not intlividuals reclaimed
them'' The reason is perfectly satisfactory to all those acquainted with
that country: to drain such large bodies of land, was an enterprize vastly
beyond the means of any individual.

The committee, for the above reason?, strongly urge upon the Senate the
advantage of adopting the fifth resolution. It offers the only practicable
mode of attaining our objects, a mode to which there exists but few objec-
tions, and those principally confined to the timid and over-cautious.

W. B. SHEPARD, C/j.

RE SOtUlT IONS*

I. Resolved, That it is expedient that the State guarantee a loan to be

2 effected by the Raleigh and Gaston rail road Company, to the amount

3 of g500,000.

II. Resolved, That the committee on Internal Improvement be instruct-

2 ed to report a bill authorising a subscription, on the part of the State,

3 of four-fifths of the capital stock of the Fayetteville and Yadkin Rail

4 RoaJ company, provided the remainder of the stock be taken by indi-

5 viduals, and the capital of said company does not exceed two millions
C of dollars.

III. Resolved, That the committee on Internal Improvements be in-
^ structed to report a bill authorising the subscription, by the State, of

3 three fifths of the capital stock of the Roanoke Inlet company, provided

4 individuals take the remaining two fifths, and the capital stock of said

5 company does not exceed 81,250,000.

IV. Resolved, That 8150.000, the balance due of the State's subscrip-
2 tion to the Raleigh and Wilmington Rail Road, ought to be advanced
S immediately; and that a survey for a McAdamized turnpike rfiad from
4 Raleigh to Greensboro, via Hillsborough, be ordered.

V. Resolved, That it is proper that 83,000,000 be borrowed by the
2 State to carry the above objects into execution, and that a bill be repor-
r. ted for H^-.f nurnose by the committee on Internal Improvements.

STATE OF THE MEKCHAN'TS BANK OF NEWBERN, ON THCRSDAY THE 2911i OP NOVEMBEE 183S

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[No. IS.]

MEMORIAL.

INTERWAIi IMPROVE M EN T8 CONVENTIOIV,

TO THE

GENERAL ASSEMBLY

NORTH CAROLINA.

Session of 1838 — and ordered to be printed — ten copies for each Member.

RALEIGH:

THOS. J. LEMAY,
Printer.

Ftl £ ill O R I A L .

To tJie liouovahlc [he General Jlsaeinhln ^f *^*^>t'l^i Carolina:

The undersign Oil Iiave been deputed a eoininlKee to present
to voiir lioiiorabie body a menioria!, exjiressive oi' tiie views and
Aviniiesofa larj^e and respeelaijic portion of jour fellow-citizens, re-
eeatly asscjubied in (lie City ofKaleijiib, in Convention, upon the ini-
])ortani subject of iniprovin.i^ the internal eonilititni of llie State, lii
the discharge of this duty, we feei well assured of receiving a favor-
able liearing, as well in ;esj)ect lo (he numerous and j)at!iotie body
\viio?;e views we are especialiy charged to present, as fr<Mn the sub-
ject, which addresses itse'f so pov.erfuliy to the Ivepi-esentuii^es of
the peoi>'e, to whom has beesi eomniitled the high trust of guard-
ing the intei-est atid advancing the prosperity of our couiuiou coun-
try.

V/iiat is (he present condition of the Stale? "Wisat its means for
iinprovenicnt? And in wliatway are tliesc means to be most effee-
(ually ajjplied? These are the interesting questions to which we
have !)ecn directed most respectfully to inviie your attention; and
Wiiicii, as your Diemorialisls i:ujii'dy conceive, are of such high pub-
lic concernment. In examinir.g into the eoriiiiion of the State,
v/!ie(iier we adiert to the pastor view (lie present, w^.ilst much
may be found to warm the breast of ilie pa(i'i(!{, (liese is but little
to gratify (lie pride or to stimulate the enterprise of (he citizen.
Tfe may indee(5 proudly boast of tiic exalted character of the na-
, (i::-n, and claim for our citizens (he most devoted attaciimetit to the
Uiilon of the S atcs: that ti-ere h-.is been engraflci! into our own
consiitution those principles of ralioaul frceciom, il\c roi!nJiiess of
Vviiicli Isas been so rnlly proved ia the suc-css of th-u r'-r^rcsenla-
tivc system which consiltates oar pride and b.>asi as a nation — con-
ferring a degree of freedom on the governed ur/Knu'.yo in ijje olti
world, and securing to industry its rich reward — peace and plcr.ij;
that the increase ofour p;jj>u];i(ion, agriculture, manufaettxres, and
advancement in tiie ixrts and sciencj's, and in civilization, have been
rasjid beyond ail example^ th:>l tiiete national blessings inspire coti-
IMence iis to ih-d higli dcsliiiy of ilie Republic, and call tbrth senti-
ments of gratitr.de to tlie Supreaie Disposer of all event?,. But
whilst we iuay thus boasl ofour rapid advanceineat as a nation, we
regret to say, our own Slate shares bu( iillie in this general pros-
])erily. To ]>rove t!sis, ficts m^ist i>e siibmiKed, liov.ever mortify-
ing to your pride, or painful (;> our feelings. In the apporlionment
of liepresenratives among (he States, under (he fn-st cer.sus, North
Car.rilna and New York were equal, each havmg ten members.
What is likely to be our rar.k in comparison to Sew Yorii, uud.-r
the ceasus soon to be taken, embracing a period of fifty yeart.' bh©

will have exceeded lier forty members, whilst our State will re-
main or barely exceed her original ten. What a startling contrast!
Yet, in point of territory, North Carolina has her fifiy thousand
five hundred square miles, whilst New York only exceeds it by two
thousand one hundred and twenty-five. At the first period, our
population was nearly equal; whereas, at present, she will exceed
two million, whilst ours will be but a fraction beyond seven hundred
thousand. Yet this immense difference is not to l)e ascribed to our
climate or soil, but in part at least to the rapid tide of emigration.
There, every thing has been done to improve (he condition of her
people — here, our citizens have gone, with tlie Bihle, Encyclopedia,
and the axe, those pioneers of civilization, to give population and
character to the wilderness of the West. In Ibis way, more than
half a million of our people have left the place of (heir na(ivi(y, and
carried with them wealth, talent, and enterprise. It may gralify
our pride to be told in one Congress, there were nine Senators, na-
tive born citizens of North Carolina; yet (he fact only proves liow
much we have lost, by failing to render our people prosperous and
satisfied at home.

We might pursue this inquiry st'll further, and examine into the
rapid growth of our sister States; bu( we (ia((er ourselves tliat you —
as we feel assured every patriotic citizen — totlie question — wheth-
er the State shall remain in her present condition? — are prepared
to reply most emphatically, no! If so. (his brings us to the second
inquiry, cm estimate of the means of (he State.

STOCKS. In the Bank of the 8tate, §500,000

In the Biink of Cape Frar, 520.000

In the Buncombe Turnpike, 5,000

Roanoke & Cape Fear J\avis;ation Companies, 82,500

Wilmington and Raleigh Uail Koail. 600,000
Bonds for the sale of Cherokee Lands,, in I83S,

and of a prior dale, 350,000

The cash balances in the Public Treasury are not included in the
above estimates, as they may be required to meet current expenses
and other necessary appropriations. The State, (hen, has a capi-
tal of more than two millions, vested in productive stocks and in
bonds on in(erest. It is true, a part of this sum is pledged as a Literary
Fund; but it is equally true, we presume, (hat no part of (he prin-
cipal of this fund is to be used, and that it will continue to increase,
un(il the interest accruing on it may be called for, in purposes of
education and of free schools. The s(a(e is free from debt, and has
a credit supported by her natural resources and the habits and
manners of her citizens. The taxable property of (he s(a(e may,
as the committee think, be estimated at near 200 millions of dollars.
She comprises 32 millions of acres of land, whicli may be estimated
at two dollars the acre — she has 300,000 slaves, Avhich may be val-
ued at three hundred dollars each, besides the private stocks, mer-
chandise, and other property subject to taxation. But i( is not pro-
posed to resort to taxation, nor is it necessary to carry out the views

and plan of tliose in whose name we have been authorised lo ad*
dress you. These matters are merely referred to to show the abil-
ity of the State, and the ample means she has to sustain that credit
which it is proposed to bring into market.

Having shown the condition of the State, the necessity and de-
mand for a change, and the means for effecting it, your memorial-
ists are brought to the interesting question, as to what is best to be
done? In answer fo that question, we have to present to you that
plan or system which was the result of the anxious deliberations of
those in whose behalf this memorial is presented. No higher evi-
dence could be given of the actual wants of our people, and of the
demand and necessity for something to be done, than in the volunta-o
ry congregation of that assembly, whose wishes and opinions we
have been directed to make known. A hody comprising near 209
delegates, selected from forty counties, men of character, of intel-
ligence, and of wealth, voluntarily obeying the call of their country,
argues a deep distress in the community, and a loud demand for its
remedy. The strifes and struggles of party have been silenced, and
the voice of patriotism alone has been heard, invoking^ou to action.
It is the first and dearest privilege we enjoy as a free people, that
by the fundamental principles of our government, every plan for
changing our condition and promoting our happiness and prosperity,
both in choice and execution, must originate with or be sanctioned
by the people. Tlie plan, then, which we have the honor to pre-
sent, originated with a large portion of the people, and claims your
most liberal and attentive examination. Your memorialists shew,
that after a week of earnest and anxious consideration, the Conven-
tion agreed upon a plan which is embodied in a series of resolutions
herewith submitted, and annexed to this memoiial. The Conven-
tion came to the conclusion, with great unanimity, that all the works
mentioned in said resolutions were of a i^reat and useful character,
and constitute a system of improvements which, if begun and suc-
cessfully prosecuted, would eminently conduce to the j)rosperity of
the state, both as increasing the common wealth and in elevating
and confirming its moral and political character.

Of the merits of the general system recommended, it is proper to
say, wliilst there existed a difference of opinion as to the grade or
class of the respective works, yet there was none as to their eminent
utility and meritorious claim to the aid and patronage of the Le-
gislature. But the Convention was admonished, as all must be, by
past experience, that the works proposed must be brought within
the available means of the State, or all would fail. Hence the ne-
cessity and expediency of a classification. In this, too, they were
following the example of the national Legislature, in their Avorks
of Harbors and Fortifications. What the nation could not accom-
plish with its ample resources, it was not to be expected a single
State could effect, with its limited means, though confined to works
inrithin her own borders. Here then collision begin;*, here is the

danger of failure, and here the demand for disinterested and en-
larged patriotism. lienee it is deemed important that jour honor-
able body should be fully and candidly informed of the reasons
and views, Avhich inliueneed the Convention in recommending cer-
tain v/orivS for prompt and immediate cNecution. Let them not be
charged with scliishness or with local pieferences, but remember
the difficulty of tlie subject and the necessity for action.

1. A guarantee by the State of five hundred thousand dollars to
the Gaston and Raleigh Hail Road. This is not a subscription or a
loan., and. d^es not «a!i for any expcrsditure. It is a mere loan of
the credit of the State, upon such surety as the Legislature shall
require to eaa,blc the company to obtain a loan on better terms than
liiey otherwise could do, and thus be enabled to complete their great
work. This favor appeared so reasonable in iJself, as to meet with
but little opposition, it is deemed due to the liberal spirit of tliose
enterprising ciliieas who had been willing to risk tiieir own for-
tunes iu so great a work. It also recommended itself to the con-
vention, as a work penetrating to the capital of the State, there to
be connected with other works, and accommodating many of our
citizens in the transportation of their produce to market. Having
already received the favorable action of a committee of both
branches of your honorable body — more is not necessary to be said.

2. A subscription by the State oi' four pfths of the capital stock
of the Faycttcvillc and Yadkin Rail Road. This is one of the
great works in the general system, and maybe considered as stand-
ing at the head of tliose recommended in the Ilrst class. In regard
to this work, the Convention had certain data, both as to its neces-
sity, its importance to a large portion of the fctate, its policy as
sanctioned by a vote of the Legislature and of the people, and cer-
tainly as to the cost of ils construction. As to the work itself — it
is to connect theKast and Wcsl; to commence with a liome market,
from the banks of a river, rising and terminating within our own
limits — to be extended for the present to the Yadkin, a stream
which passes tlirough a productive and populous section of t!ie
country, and whose product must be carried to a distant, foreign
market, unless tJiis great work shall succeed. As early as 1315, tlie
idea of connecting tl»c waters of the Yadkin with that of the Cape
Fear, received the favorable action of the Legislature. But un-
foriunately the geological structure of the intervening country, pre-
sented diQiculties not then to be sJirmounled by a Canal, with the
limited means of the state. Those difficulties disappear, however,
before the mighty engine of steam. The actual extent of internal
cosuniunication, by means of rivers and roads, which <5irectly or
indirectly connect itself with this road, cannot be estimated at less
than thirty eouniies, embracing at least 15 millions acres of land,
and probably much exceeds that quantity. Tiius will the occu-
pants of moderate sized farms be enabled to make outfits for mar-
K-ttt in their own vehicles, and for which the power of a single

7
liorsp will be qiiKc suiru-icn(. to reach some depot on ihe main roii ^e.
Also in securing", what every farmer in the country will know (he
value of — a much smaller portion of time in the accomplishment of
the object. For it is to be remembered, the great advantage of
rail ways, over all other means of conveyance i^ the saving' of time,
the annihilation of space. Time is moneij, and the attainment of
greater speed and certainty, amounts in effect, to a reduction ef ex-
pense. The advantages of a more speedy conveyance, are often of
greater value than the whole charges of transpoatation, and those
advantages can never b» so fully realized, as by the use of railwavs.
Tlicse are a few of the rich advantages, which are to be extended
to so great a portion of the people of our state, by means of the
proposed route. This produce is first to be broug'it to Fayette-
ville, Avhose capital will increase, as calls maybe had for its employ-
ment. Where prices may be now considered low, they will rise by
demand and competition to the highest rates. It is then to descend
to Wilmington by means of i; team Boats, whose number will also
multiply as has been the case on tlse Ohio and Mississippi. From
thence it funis its way to foreign markets, through Cape Fear In-
let, which, if not the best, has its advantages. The tables annex-
ed, show the tonnage employed in the foreign trade, entered and
clcfiPed at Wilmington tVora October 1S3G to October' 1837 — also
the tonnage employed in the foreign trade of the ports of Norfolk,
Petersburg and Riclimond for the same time, as taken from the re-
po!t of the Sceretar}' cf the Treasury.

From these tables it appears, that in the year 1S37, the tonnage
entered and cleared in the foreign trade from Wilmington exceed-
ed that of Norfolk 63S4 tons, and exceeded both the poi-ts of Rich-
mond and Peters])urg together 17,694: tons. We ai'e informed, on
high authority, that the coasting trade of Wilmington employs a
greater tonnage than her foreign trade. We have not the means
of ascertaining its actual amount, as it is not reported. If this be true,
and we believe it to be so, not only on the high authority from which
we received it, but because we know the maratimc trade of N. Car-
olina is principally a coasting-trade — it would follow, that the ton-
nage employed in the trade of the port of Wilmington is greater
than the tliree great ports of Virginia, Norfolk, Richmond, and Pe-
tersburg.

The Port of Wilmington possesestwo advantages over most of the
other ports in the United States, which cannot fail to be highly
estimated. 1. It is a fresh rvater poi't, and vessels are exempt
from the destruction to their bottoms (unless coppered) occasioned
by the salt water waves. 2. It furnishes the most miscellaneous car-
go of domestic products of any port in the Union. All kinds of
bread stuffs, rice included; naval stores of every kind and of the
best quality; lumber, the very best in the world; staves and head-
ing: cotton, whiskey, &c. &. &c. So that vessels can supply them-
selves with a cargo from that port, that cannot fail to suit some

market and make a profitable voyage. Again — that steamboats
have been plying on the Cape Fear as high as Fayetteville for the
last 20 years; and we are assured that no serious accident has ever
occurred during the time. Liike other rivers in the South, its na-
vigation is suspended in the summer months; & so is the great Ohio.
We learn that the navigation of the Ohio, from ice and drought, is
suspended, on an average, six months in the year; whilst that of
the Cape Fear is suspended not more than four and a half months,
and that at a season when the crop is not r«ady for market. Such
are the advantages of the Cape Fear Inlet, under circumstances as
they now exist.

We have said the policy of building this rail road has been sanc-
tioned by the Legislature and the people. AVe have only to advert
to the ^3t of the incorporation of the company and a subscription
of two-fifths, under the authority of a law of your last session.
Has a single member been ousted of his place in consequence of the
vote thus given? As far as we know, or have reason to believe, not
one.

But we are here met with the objection, the plan proposed
changes the subscription by the State from two-fifths to that of
four-fifths: why this change? The answer is to be found in the
fact, that unless it is made, the road cannot succeed. A survey
and estimate have been made, under the direction of the most expe-
rienced Engineer in the United States — a North Carolinian, feeling
for his native state all the ardor and zeal of a most devoted son —
from which it appears, to construct the work in the best possible
mode and in the way which meets his sanction, would cost two mil-
xiONS of dollars. To raise two-fifths of this sum, by means of pri-
vate subscription, has been found impracticable. But should the
subscription of the State be changed, as proposed, we are well as-
sured the amount will be most certainly taken by individuals. This
is recommended not only from the magnitude of the work, its ac-
commodation for such a large portion of the state, but from the
further fact, it is to constitute one of the connecting links, the
great trunk, in which others are hereafter to share. These with
the Convention were held conclusive facts and reasons to justify
the change.

3. The incorporation of a Company for the opening of an Inlet
at the foot of Albemarle Sound, near Nagshead, and a subscription
by the state of three-fifths of its capital stock.— This work was
deemed by the Convention of the highest importance, from the
fact of so many of the rich counties in the north-east part of the
state being directly interested in its success; from the quantity and
quality of the produce which would find a market through it; and
from the fact that it has been long pressed upon the notice both of
the national and state Legislatures. Albemarle Sound runs in a di-
rection east from the confiux of its head waters, the distance of
tome eiglity miles^ and at its eastern extremity is separated from

^' -

the ocean by a narrow strij) of sand bnok, tome hundred yards itk
widih. It is navigable within four nr five miles of the ocean, where
its waters st^parate into the Roan .ke and Croatan Sounds, and
change its direction nearly south Kcanoke Island is between them.
These two soiuids unite again, and seme twenty -five miles from the
point where the current of the Albiinarle changes from an east to
nearly a Soii(h course, they enter t!ie Pamtico Sound. From the
north eastern oxfrcniicy of llie Pamlico is, fifty miles distant, the O-
naciike Itilct, tlie only navigable otie for vessels suited to the Coast-
ing trade. It is proposed to throw a dam or other construction across
thci Croatan Sound, and tliiis force the waters of tl»e Albemarle to
break tlieir passage through the bar)k at its foot into the Atlantic o-
cean. It is estimated by intelligent seamen accustomed to the naviga-
tion of this coast, tliat through the proposed inlet, double the number
of voyages may be njade as are now through that at Ocracoke. It
has boen esti:nated by a member of the Convention, that the 1£ coun-
ties in North Carolina, nearly all tlie produce of which seeks its mar-
ket through the Albemarle, export not less than from four to six mil-
lion of dollars anntialiy. This produce consists of corn, cotton, wheat,
fish, peas and an i nmcnse amount in naval stores and lumber. These
articles are n- arly all of such bulk as to forbid a deposite between
tlie place of production and sale. Hence the importance of its being
reciived from the wharves and rivers of the producers and carried at
once to the ocean for its final destination. To the fishing interest
th* success of the work is of peculiar importance, as the annual tri-
bute from abroad for this article alono is estimated by gentlemen from
t!iat section of the State at g300,000. 1 his work has also been ex-
amined and estimates made, under the authority of an Engineer of
t!je State and of the Uiiited States. They differ greatly as to the cost,
which may bf owing to the material and the manner of constructing
the work. But however imcertain this may be, the people in that
section of the State, it is said, are willing to risk their own capital in
Its success, and think a subscription not exceeding 500,000 dollars by
the State, would render it certain. If so, the Convention was of opin-
ion it should be granted.

4. The payment by the State of the balance, 150,000 dollars, of its
subscription to tlie Wilmington and Raleigh Rail Roads ought at once
to be made. The Convention came to this opinion as an act of justice
to the very liberal and spirited exertions of the private subsubscri-
bers, in'having risked so much on their part for so gi'cat a public
work, and from the certainty as well from the progress made, as the
high profits expected, that the work must and will be finished. The
prompt payment cannot injure the State, and will greatly aid a spirit-
ed poTtio:i of her citizens.

5. The survey of Neuse and Tar rivers, with the view to steam boat
na\ i.:;atron,an.l if found practicable, that the Board of Internal Imrove*
luents be authorized to contract for effecting it. Those rivers are the
!«<ip;Mtv of the St:ite, the charters granted for their improvements

10
Ijaviijg been lorigsijire foifVitcd. It is prfi|)cr t!i(ii lliitt tiic st'.rveys
shouhl be bnd ftt (he t-xponse ol" tlie State, i\h due to \u'v ( itizi'tis, who
will use tl'.csn tur thoir [>r(>'.!ucc, f.s will as i'vr.iu thy fiu t that i-nc cf
these rivers is so directly coiinectcil uiih tht- piosiiri;!} of one oi ita
markets, Washingtoi), wliich has herctol'orc brcn sustiiiiird with so
fnijcli spirit, but which has i'<>ceiitiy sufifiMed so scvcnly by fire;
whilst the otiicr iei'.i's to an elu town, which has sr.atjy ilaimson the
liberality of the .State, besides its dircrt coiitiictio!! with the great
rail road in whicli the State has so di-rp an interest.

6. Asurvey from ilaUdf,;;!!, ri;/ iliilsljoro', to Gr(.etis!)'>ro', with the
view to a McAdaiiiiacd Turn Tike Moad, a coinpany and a sijb-
scriptiou of two fifths by the State. Tliis route is recommended
from the fact that it is to take the tnain liiie (;f ti-avcl from the seat
of Gover.Tmcsit to the western Counties in tiie Slate; that it jjasseses
through two among the largtst and most prc.diiciive Coutit^es in the
State, whose pcojile arc farmers, deal princij)al!y in the luccssai ics of
life, own their own vehicles, accustomed to their use, aiul witliout this
road can share but little in the diiect advasitagts of Internal Iinpi'o'. c-
ments. Besides, it is for the prescsit to termisiatc atone of the tr:ost fioui*-
isliingiriland towns in tlie state, Greensboro', wlsich has its flouiishing
schools, its steam mills, cotton factories, and in every way its pjpnla
lion !9 both active and enterprising. A ( hc-.q) and .=])( cdy mode of
reaching a market, as we learn, would often enable ti'.eeiitorjirisingpt o-
prictorof her cotton factory to send tlie pr(.<)!!ct of r.isestabli.shnu'nt to
the city of New York, and i-ealizea proilt of two or three cents on the
pound. This profit would not operate to iiis advantage alone, but to
that of the grower of the raw njateiial. The proposed survey wouM
cost but little; and the road, if McAdamized, would not likely exceed,
according to the estimate of the Board of Iiiteriial Improvements,
S 3000 per mile, and a part of it, possibly one half, would be an or-
dinary turnpike, the cost of 'which would not exceed g200 to 300 per
mile. The road injustice ought to belong to the State, except that
experience has shown, to construct and krep up such works, calls for
mdividuai interest and attention; otiurwise they constitute a contin-
ual drain on the public treasury, and end in ruin. From this line a
branch might hereafter be extended, with great propriety, to some cli-
point on the Dan river; and thus give to the people in that fertile re-
gion the means of reachitsg, if so inclined, the markets of their own
atate.

Such are the works as placed in the first class of the plan projioscd
by the Convention — such are some of the views and reasons which in-
fluenced that body in recommending them. If any one should object,
that his work ought to be placed on equally favorable ground w itii
the most favored class, he should pause, consult the means of the state,
and then ask himself, «'if such apian had bceti adopted but five years
ago, would not my wishes now be gratified?'* Time nsaiches rapid-
ly; and a few years, as we trust, will serve to bring into operation
the whole scheme, and others, if their claims and advantages shall
hereaftei^ be disclosed and properly pressed.

SECOND CLASS. Tliesc, as ^viU be se^n, contemplate a eon-
nceliou v/hli the two j^reat rai! roi-'is now in progress, as well as
with tho propose;! road ironiFajetteyille to the Yadkin. The Beau-
fort Road, 'eliding from the ilno harboi- at that place, is the most
imporlanl u-om thiit fa-t, as another outlet will be thus opened to
the ocean, and <!ic produce of the upper country will then find ad-
ditional means of beln/j; sliipped to any portion of tlie commercial
world, 'j'he inlet at Beaulbrt is said to be not only the best in our
own state, for lis depth of water, having from 22 to 24 feet on its
bar, but it is not to be surpassed by ?.ny other from tlie Chesapeake
to Pcnsacola. Why then, it mav be asked, was not its rail road
placed in the first class? The answer, to a majority of the Conven-
tion, was plain a'ld saiisflictary. It has no produce, no capital

these must !)c brouglit from a distance. One great trunk in con-
Reeling the east and west, was deemed sufficient. A road from
Beaufort to Raleigl!, and thence to the west, had been authorized,
and it totally failed. The Convention had no reasonable grounds
to believe that it would prove more successful at present. Two con-
necting roads were too expensive to be undertaken at the same time
by tlic state, and iier true policy forbade it. Hence, the one from
Faycttevillc was selected as most likely to succeed — as required by
iliG pressing demands of our western citizens — as leading to mark-
ets in which capital is already employed, and as having an outlet
that might answer present demands. Again, when the western
road shall reacli Fayetteville, yon are still on the descending line,
and from thence may be carried to Beaufort. Such, it is believed,
will be the quantity of produce from the upper country as will here-
after force itself to the best market. In this v/ay, what the friends
of Beaufort cannot do for themselves, will be done by others.

Tke Loan of three villlions to he contracted bij the State. It has
been already shown, in estimating the funds of the state, she has up-
wards of two millions invested in a way, whilst they will prove pro-
ductive, are not likely to be embarrassed or squandered. By the sys-
tem proposed, this fund is not to be touched, but to be held as a guar-
antee to sustain the credit of the state in the negotiation of a loan, and
a surety to her OAvn citizens against any contingency which may
arise. The maximum of the loan is three miliionsj and the money,
when borrowed, will be mostly expended amongst ourselves, and fop
it the state w ill hold certificates of stocks which will be productive,
and will in themselves constitute an additional surety against any
future calls upon her own citizens. These stocks can at any time
be brought into market, and thus relieve the state against any press-
ing embarrassment. The debt will be postponed to a future peri-
odj the works will progress; the burthen will be divided between
posterity and ourselves; and in this way the estate which our chil-
dren are to inherit will be improved, our own condition relieved,
and means provided for them to meet the claim which has been en-
tailed in order to its improvement. This accords with the most ri-
gid principles of justice, prudence, foresight, and economy. The

12
e»tate la ftwt going Ut docajj puv people are not iii a condition to
make the necessary repairs and to improve it, without a resort to
loans. This state of things has not been brouglit about from any
want of frugality ii^ our expenditures; of forbearance in contract-
ing debts, or from ahy extravagance or want of s;) stem in the prop-
er and judicious management of our domestic concerns. At no for-
mer period in the pecuniary aflairs of the state, has there been less
extravagance, and yet at no period has it been found more difficult
to keep free from embarrassment. The evil is to be found not in
any passing events, but in the want of a proper encouragement to
the products of our soil, and in the fact that our most wealthy and
enterprizing citizens are driven to more genial climes.

If we look to our sister States, most of Ihcm will be found in the
march of improvement, and their citizens contented and happy. Yet,
they have resorted to loans; and experience proves, so far from en«ling
in injury to tlje people, they have the more rapidly advaiiceii to wealth
and prosperity. And this too, without any resort to taxes; the prof-
its from the works having been quite suificieot to meet the interest and
provide a fund for the payment of the print ipal. South Carolina has
but recently subscribed one millioii to her great rail road, guaranteed
the loan of two millions more, and by way of relief to her favorite ci-
ty from a heavy calamity, addi-d two millions more to her debt. But
we forbear to press this matter further, as it is idle to talk of embar-
rassing the State by contracting a debt of three millions of dollars.

If our forefathers, with not half of our means, limited as they are,
when dissension, faction, and treason lurked in every neigliborhoud;
when the property of the citizen was liable to seizure by the enemy
and to wanton destruction by the traitor, when the assassin bcleagued
his path by day and threatened his repose by night; if, at such a time,
and under such circumstances, that band of patriots could bear up for
A period of seven years, under a debt of seventy five millions, let us
not talk of embarrassment by the sum proposed, having, as the State
has, the ability to raise it without a resort to taxation. The only
question that can admit of discussion is, not the ability of the State to
raise such a sum without prejudice to her citizens, but whether she,
in her sovereign capacity, shall engage in a system of this kind at all.
And can we, at such a period as this, with all the light of experience
before us, be seriously called upon to discuss such a question? Will
you leave these matters to individual enterprise, when every State in
the Union has undertaken the system with so much success? At the
close of the memorable strug,£;le to which we have just referred. North
Carolina had her territory and her population. Her territory still
remains— Mecklenburg, Moor's Creek, King's Mountain, and Guil-
lord are landmarks which time cannot raze from the page of history.
But where is her population? Where the monuments of her improve-
ment? Her population is faqt leaving her, and her monuments, we
fear, are only to be found in the record of things past.

Is this state of things to continue? Or are we ever to be roused to
•aetionl It is much to be feared, if you shall separate without doing

any Miing, tlio rauso of intonial improvoiUPiit will .haret sustained a
shock from whicli it will be <!ifficult to rcciiver. The patriotic feeling
which iio'.v wai'iTis and atiiinates the citizen will bccoine chilled by your
apathy, [t is our part, in the narnotjf a respectable portion of the peo-
ple, to advise; it is for yon to act. By nj-^cting the plan proposed,
and doing notliing, you may seal the fate of inti-rnal iin(»rovements.
By acting, you incur no risk that can, in any reasonable probability,
Pin!)ar«-asH the State. Btit you stay the tide of emi,^ratiort, now drain*
log the life-bloi>d of the coinmonwealih; you stimulate the farmer to
lu'vf exertion and improTement; yf)u invite the capitalist to open the
rich bovvels of tlie eaxth and to bring forth its hid len treasury of iron,
copper, nnd coal; you every where encourage the mechanic and the
man «.f enterprise; you open new streams of wealth, running in differ-
ent directions, in difTorcnt dimensions, and at different heights — hut
watering, adorning, and fertilizing the fields and meadows througli
which their courses are leij. Again, we ask, can you hesitate? We
tell you tlie spirit for improvement is abroad in the land — that it in-
vites you to awaken to the true interest of the State — to burst the
s!iacklos «>f a jealous and s}iort-sigUted policy — to rise triumphant
over jiliysical obstacles and tlie still stronger mounds of local preju-
di( e — anil by your action to elevate our b -loved S'ate to her proper
rank as one ol tlie political mcujbers of this great confederacy, and
let her shine with anew light amid the stars of our national galaxy.

R. M. SVUNDERS, Chairman,

J NO. n. BRYAiN,

LOUIS D. HKNUY,

L. H. MARSTELLER,

HUGH McQUEEN,

JAMES ALLEN,

T. L. CLINGMAN.
December 20, 1838.

RSSOI.UTIO]^^S OF THE CONVEWTIOK.

1. Resolved, That the Convention concur in the report of the General Committee,
that the several works of Improvement therein recommended deserve the patronags
of the State, and ought to be effected.

2. Resolved,, That in order to carry out the views of the Convention, and at the
same time, to accommodate them to the means and ability of the State, a loan of three
millions of dollars ought to be contracted.

3. Resolved, That in the prosecution ot these several works, the Convention recom-
mend the following classification:

FIRST CLASS.

■ I. A guarantee by the State of five hundred thousand dollars to the Gaston and Ra-
leigh Rail Road Company.

2. A subscription by the State of four-fifths of the capital stock of the Fayetteville
and Yadkin Rail Road" Company.

3. The incorporation of a Company for the opening of an Inlet at the foot of Al-
bsinarle Sound, and a subscription by the State of three-fifths of its capital stock.

SECOND CLASS.

1. A Rail Road from Beaufort Harbour to connect with the Wilmington and Ra-
leigh Rail Road, and a subscription by the State of four-fifths of its capital stock.

2. A Rail Road from Raleigh to intersect with the Wilmington and Raleigh Rail
Road, at or near Waynesborough, and a Rail Road from Raleigh to Fayettuviile, and
a sabscripticn to each, of two-fifihs of the capital stock by the State.

4. Resolved, As the opinion of the Convention, that tlie balance of tlie subscription
by the State to the Wilmington and Raleigh Company ought to be paid without de-
lay; that surveys of Neuse and Tar rivers, with the view to Steam Navigation, and
the survey of a route from Raleigh via Hillsborough, to Greensborough, Tn Guilford
County, with the view to a McAdamized Turn Pike Road, ought to be made by the
State; and if the said livers should be found such as to justify the use of Steam Roats,
the Board of Internal Improvements be authorised to contract accordingly. And that
a company be incorporated for the construction of the said road and a subscription
of two-fifths of its capital by the State.

WlLSr.'NGTON TONNAGE ENTERED AND CLEARED.

American •'^ssgIs,
i''o^ei^^n, "

American, "
Foreign, "

12 378^
3,827

16,205

25,G00
3,929

Entered, - - 16,205

29,529J Cleared, - - 29,529

VIRGINIA TOxNNAGE ENTERED.

Petersburg, American vessels,
Richmond, " "

Foreign, " -

Norfolk, AincTican vessels,
Foreisjn

3,693-

2,822
1,197

7,712

4,357
10,000

14, 357 J

Entered, 7,713

14,357

VIRGINIA TONNAGE CLEARED.

Petersburg, American vessels,
Richmond, " "

Foreign, '' -

Norfolk, American vesscln, -
FcrL'iiT's "

2,743^
13,240
4,340

20,323

12,771
12 222

34, 933 J

20,32S

24,f?;>J

No. 14.

LEGISLATURE OF NORTH CAROLINA:
Raleigiij December, 1838.

SENATE.

OF THE JOINT SELECT COMMITTEE ON PUBLIC
BUILDINGS.

The Joint Select Committee on Public Buildings to whom was
referred the report of the commissioners appointed to superintend the
rebuilding of the Capitol, have had the same under consideration, and
ask leave to submit the following Report :

Your Committee proceeded soon alter its appomtment to examine
the disbursements of the appropriation made at the last session of the
Legislature, for rebuilding the Capitol, $120,000, together with the
amount reported to be m the hands of the commissioners on the 1st of
December, 1S8G, $13,000, making an aggregate of $133,000 From
December, 1S36 to May 1837, the accounts and vouchers exhibited,
are neat and accurate. During the months May, June, and part of
July, lS3r, the accounts are badly kept, and vouchers to a considera-.
ble extent are wanting. One thousand one hundred and seventeen
dollars and thirty -nine cents, have been expended, for which no vouch-
ers have been exhibited, and is therefore reported as a deficit by your
committee. The Commissioners have, from time to time, examined
the accounts kept by their disbursing officer, as the books will show,
and no doubt used every means in their power to prevent mistakes ;

ijf fr*

but tile ilTegular habits of the ofliccr at the time rclerrcd to, prevented
an examination of the accounts altogether, until the late investigation.
There appears also to be $409 57 cents expended, for which no satisfacto-
ry vouchers are produced, but your committee believe it was properly
paid out by the officer above named, from the circumstance that iii
the month of July, 1837, when another clerk was appointed by the
Commissioners, he was not called on to pay the estimates, for the
month, by that amount. It is not supposed that persons laboring jfor
the State would retain their claims so long, and it is, therefore, reason-
able to suppose they were paid, although no vouchers are produced to
cover the amount.

Since July, 1837, we takis pleasure in bearing testimony to the
neatness and entire accuracy of the various accounts submitted to our
inspection, and to the perseverance of the Commissioners in prosecuting
the work committed to their charge. As the work has advanced, they
have in almost every instance, consulted the best architects of the Uijiited
States, submitted to them their various plans, and obtained their advice.
The object has been to consult economy as much as would consist with
the design of the building.

Your Committee knowing that much dissatisfaction exists in many
parts of the State, on account of the expenditure of so large a sum for
rebuilding the Capitol, have endeavored to acquire all the information
on the subject which circumstances would allow, in order to satisfy
themselves, as well as others. Our Capitol, built almost entirely of
granite, is without a parallel in our State, if not in the United States,
and we are, therefore, altogether unprepared to estimate the sum re-
quired for its erection. Every piece of granite used must first betaken
from the quarry, and then prepared with great labor and expense for
its place in the building. In order that those who have not had the
pleasure of seeing the building even in its unfinished state, may be
able to form an idea of its grandeur and beauty, your Committee have
instructed me, to insert in this report, the dimensions of the building
and of tlie several apartments, and the various models of Grecian Ar-
chitecture, from which it was taken, all promptly furnished by the in-
telligent Architect, Mr. Paton.

"The State Capitol is 160 feet in length from north to south, b^''^ A
140 fef^t from east to we«!t. Tlie whole heisfht \9. 971 feet in the centre-

Tlie ape^of pediment is 64 feet in Jieight. The stylobfrte is 18 feet in
height. The columns of east and west porticos are 5 feet 2^ inches in
diameter, and thirty feet high. An entablature, incUiding blocking
course, is continued round the building, 12 feet high.

" The cohimns and entablature are Grecian doric, and copied
from the Temple of Minerva, commonly called the Parthenon, which
was erected in Athens about 500 years before Christ. An octogon
tower surrounds the rotunda, which is ornamented with Grecian cor-
nice, (fcc, and its dome is decorated at top with a similar ornament to
that of the Charagic Monument of Lysicrates, commonly called the
Lanthorn of Demosthenes.

" The interior of the Capitol is divided into three stories. 1st. The
lower story consisting of 10 rooms, eight of which are oppicpriated as
offices to the Governor, Secretary, Treasurer and Comptroller, each
having two rooms of the same size — the one containing an area of
649 square feet, the other 528 square feet. The two committee rooms,
each containing 200 square feet, and four closets, also the rotunda, cor-
ridors, vestibules and piazzas, contain an area of 4370 square feet. The
vestibules are decorated with columns and antae, similar to that of the
Ionic Temple on the Ilissus near the Acropolis of Athens. The
remainder is groined with stone and brick, springing from columns and
pilasters of the Roman Doric. The second story consists of Senatorial
and Representatives' chambers, the former containing an area of 2545
and the latter of 2S49 square feet.

"Four apartments enter from Senate Chamber, two of which con-
tain each an area of 169 feet, and the other two contain each an area of
134 square feet ; also two rooms enter from Representatives' chamber,
«ach containing an area of 170 square feet — of two committee rooms,
each containing an area of 231 square feet — of four presses and the pas-
sages, stairs, lobbies and colonnades, containing an area of 3204 square
feet.

'• The lobbies and hall of Representatives have their columns and
antae, of the Octogon Tovv^er of Andronicus Cyrrhestes, and the plan of
the hall is of the formation of the Greek theatre — and the colinnnsand
antae in the Senatorial chamber and rotunda are of the Temple of
Erechtheus, Minerva, Polias and Pandrosusin the Acropolis of Athens,
T\ear the above named Parthenon.

'>' Third or attic story consists of rooms appropriated to the Su-
preme Court and library, each containing an area of 693 square feet.
Galleries of both Houses have an area of 1300 square feet ; also two
apartments entering from Senate gallery, each 169 square feet — of four
pr;::=;s.'3s nnd l.'.\o lol^bies" stairs, OSS square fcot. These lobbicv? as well

as rotunda, are lit with cupolas, and it is proposed to finish tlie Couri
and Library in the Florid Gotliic style."

The attentive reader of the above statement by Mr. Paton, will
raadily perceive that apartments are not only prepared for the two bran-
ches of the Legislature, but also for the Governor, Secretary of State,
Public Treasurer, Comptroller, the Supreme Court and State Library,
and that the different rooms are fire proof, and consequently all the
public documents, so valuable to the State, and to individuals, will be
entirely safe,

Your Committee have considered several plans proposed for the
prosecution and completion of the Capitol, but from the advanced state
of the work, and the progress of contracts already made, they deem it
unadvisable to recommend any material alteration.

The several appropriations made by the State towards rebuilding
the Capitol amount to $395,000. The loans from the Banks of the
State and the Bank of Cape Fear, amount to $30,300, principal and iii-^u
terest from 19th Nov. 1838.

Your Committee herewith report a Bill making an appropriation
of $75,000 for carrying on and completing the Capitol, and an addition-
al section is added for the payments of the amounts loaned by the two
above named Banks, say $30,300 with interest from 19th Nov. 1838.
The sums already expended, and the appropriations about to be made
at the present session, will amount to $500,300.

Your Committee recommend the Commissioners to take bond and
security from their Clerk, sufficient to cover any amount of money nt
any time in his hands. As our State officers are required to give bond
and security for the faithful performance of their duties, it is but right
that a Clerk who pays out thousands every month, should be also re-
quired to do the same.

Your Committee know of no farther duties to be discharged by
them, and in conclusion, would congratulate the citizens of the State on
the prospect of a speedy co^mpletion of their Capitol, the ornament of
the State. All of which is respectfully submitted.

SAMUEL S. BIDDLE, Chairman.
Raleigh, Dec. 22d, 1838.

No. 15.

LEGISLATURE OP NORTH CAROLINA,

Raleigh, December, 1838.

SENATE*

TH£ COMMITTEE ON FINANCE HAVE INSTRUCTEt) iME
TO PRESENT tHE FOLLOWING

That they hate Carefully examined all the books and vouchers'
in the Treasurer's and Comptrollers ofiiceg', and find that they corres-
pond with the reports made by the two officers presiding over those de-
partments, to the present General Assembly, idi the two last fiscal years
ending the 31st October,- 1838. They hare, also, examined the De-
posites in Bank, and find them to correspond with the cfmOunt stated
in the Treasurer's Report. The vouchers which have been exaimined
by the Committee in the Compf roller's Office j have been all cancelled.
As tar as your CcJmmittee Can judge, all the accounts have been kept in
conformity with the laws regulating thosfe departments. The Committee
think it but justice to say, that much cre^dit is due to the Comptroller
and Treasurer, for the able aind faithful manner they have dischargec>
the duties of the departments cfver which they preside.

Respectfully submitted.

EDWARD JONES, Chairtrian,-

io«iai?

REPORT

OF THE PRESIDENT AND DIRECTORS OF THE
LITERARY FUND.

To the Honorable the

General Assembly of North Carolina :

Gentlemen:

The Presidint and Directors of the Literary Fund of North
Carolina, have the honor to submit the following Report :

Soon after the organization of the Board on the 4th of March,
1837, they proceeded, in obedience to an act of the last session of the
General Assembly, to give to the subjects committed to their charge,
that consideration and attention which their importance demanded : the
draining of the swamp lands, digesting a'plan for common schools, and
the disposition and investment of the funds appropriated to these ob-
jects, until they could be used advantageously and with effect.

Their first duty was to inquire and determine what lands were
owned by the State — entertaining the belief that large bodies had
been entered by individuals, and the grants obtained thereon were
purposely withheld from registration — this inquiry could not be satis-
factorily prosecuted until after the expiration of the twelve months
allowed by the act of the last session for the registration of the grants
and deeds under which they might be held.

It was ascertained, however, that the county of Hyde did contain
a large body, the unquestioned property of the State, believed to be
fertile and susceptible of draining, and on which a fair and thorough
experiment might be made. To guard against failures in a work
which had justly excited the highest hopes and expectations of the
public, and to prevent wasteful expenditures and losses by its injudi-
cious prosecution, the Board had no hesitation in deciding that they
would take no important step in relation to it, without obtaining the
aid and advice, and a supervision of a competent and skillful scientific
engineer. Public advertisement was accordingly made in various
newspapers of the United States, and Charles B, Shaw, Esq. who had
then recently been engaged in conducting works of improvement in
Virginia, and who was highly recommended to the Board as an
engineer, was engaged at a salary of $ 2,500 per annum. His atten-
tion was first directed to the lands in Hyde, and he was instructed to

organize a corps of surveyors and assistants, and commence the pre-
paratory steps for draining.

To enable the Board to form a proper estimate of the swamp
lands, and to obtain information upon a matter which was wholly
new to most of its members, they visited early ia December last, the
neighborhood of Mattamuskeet Lake, where the lands had been reclaim-
ed to a considerable extent, and intended to extend their examination
to other similar improvements in the low country. The inclemency
of the weather was so great that their attention was confined exclu-
sively to the low lands in Hyde. ,

The immense fertility of these lands when subjected to culture,
their susceptibility of being drained and cultivated, and their great
value to the State, in many points of view, when so improved, have
been so often and so ably discussed for many years before the Assem-
bly and the public, that it would be a worthless consumption of your
time to insist upon it here.

Indeed your predecessors have already decided this matter, and
have resolved to give it a fair experiment ; and it is presumed that all
your honorable body wishes or expects to learn from the Board, is to
know lohat they have done. Tlie Reports of Mr. Shaw, the engineer,
numbered 1 and 2, are with this view, herewith submitted for your
consideration ; and these, together with the journal of proceedings
kept by the Board, will afford the desired information.

The Board would beg leave to make one suggestion : — A great
misfortune attending the swamp lands, and one which has greatly con-
tributed to their wilderness state, is that they are held in immense
bodies by individuals who are unable to reclaim them, and yet satisfied
with their fertility and value, are unwilling to part with them at such
prices as will enable farmers of limited means to purchase. If the
State could re-possess them, it would greatly facilitate its operations in
reclaiming contiguous tracts. The consideration of this matter is
deemed worthy of your attention.

Mr. Shaw having received higher inducements elsewhere has
very recently resigned his appointment of engineer. However much
the Board may be gratified to see an efficient and valuable officer
receive the full reward of his services, they can but regret the loss of
his to the State. In the incipiency of this work, the Board did not
feel themselves justified in offering a \ higher salary to induce him to
remain. Indeed he did not intimate that such an offer would be
accepted, or would change his course. The work, until another com-
petent and experienced engineer can be engaged, will be left under
the management of his assistants, of whom he speaks in high terms,

^^•

and ill whose ability to discharge the duties lelt with them for the
present, the Board have full confidence.

By a resolution of the last General Assembly, it was made the
duty of this Board to digest and report to the General Assembly, a plan
or system of Common Schools, adapted to the wants and capacities of
the State. This great subject so favorably esteemed by all, has been
one of great anxiety and no httle perplexity.

Information has been sought from various quarters, and through
the politeness of the Governors of several of the States, of whom the
favor was requested, many laws relative to, and systems of Common
Schools have been received. From these and other sources of infor-
mation and aid, the Board have been enabled to comply with this
requisition, and have the honor to submit for your consideration a
system or plan in the file marked A.

The amount appropriated for the draining of the swamp lands,
viz : $ 200,000, has been loaned out, at short credit, to various indivi-
duals, and is believed to be well secured. The interest accruing on
this sum, from time to time, (except such as is needed for current ex-
penses.) is also converted into principal and loaned out. The funds
and property placed under the control of this Board, consist of the
following items : $ 100,000 in the stock of the Bank of the State and
Cape Fear ; to which has been added by the Board $ 20,700, making
$ 120,700. The income arising from the operations of the Board of
Internal Improvements, from $ 32,500 stock in the Cape Fear Na-
vigation Company $ 25,000, in Roanoke Navigation Company, land
entries, licences to retailers of spirituous liquors and auctioneers, tax
on the Banks, on loans $ 274,163, and all the swamp lands not here-
tofore granted to individuals, and cash on hand $ 38,643 24 cents.
The amount derived from these various sources, including $ 3130 20
cents of dividend of capital of the old Banks of the State and New-
bern since April 1837, is $ 1 10,757 34 cents, $ 11,358 13 cents of
which have been received since the Public Treasurer made up his ac-
count. The annexed account will more readily shew the same. The
amotmt of interest received by the Board on loans, it will be seen is
$30,509 32 cents, which would have been considerably increased,
but for the necessity of the Public Treasurer's using a considerable
amount of the funds to meet the current expenses of the Government,
until the taxes of the present year were received.

All which is most respectfully submitted.

EDWARD B. DUDLEY,

President ex officio.
Executive Department, }
December 4, 1838- ^

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SECOND REPORT

OF C.B. SHAW, Esa. ENGINEER

T O T H E L I T E K A R Y B 0 A R D .

To the President and Directors

Of the Board of Literature of North Carolina.
Gentlemen :

Since the date of my last report, and in accordance with
resolutions to that effect of your Honorable body. Canals have been
located from Alligator and Pungo Lakes to the proposed points near
the mouths of Rutmans and Shallop Creeks ; Some levellings and ex-
aminations of the soil have also been made upon the scites of the con-
templated tributary Canals, and borings to ascertain the character and
value of the soil hare been made upon various portions of the tract
proposed to be drained.

In the course of these operations the face of the country between
the lakes and Pungo River was found to decline with less regularity
than was expected, and the general elevation of the tract to be greater
than was at first supposed, though the test levelling verified the general
accuracy of that first made between the lake waters and those of the
river.

The elevations of the two lakes Alligator and Pungo may now be
confidently stated to be — the former 10 feet and the latter 16 feet above
the points on Pungo river where their respective Canals will terminate.

Tliis unexpectedly high level of the tract forbade an adherence to
the original plan — certainly that most desirable — of giving to each Ca-
nal a general inclination from its origin to its mouth ; to diminish cut-
tmg, the grade at the bottom of each of them was broken, giving a great-
er declivity to the lower portions. The increased cost of the drainage
will be more than compensated in the additional value of the lands after
reclamation. The depth ot cutting, even with the most economical lo-
cation, upon the Alligator Canal will average more than 9 feet for three
miles. A rapid settlement of the now spongy surface may be expected
after the exhaustion of the water with which it is saturated, and a corres-
ponding increase in the tenacity of the soil. Upon the reclaimed lands
of Mr. Pettigrew, on Lake Phelps, this subsidence has in maqy instan-
ces exceeded 2 feet ; and rich lianTsts of wheat and corn are now

gatliered on the very ground, into which at the commencement ol his
terprize a pole could be thrust by hand to the depth of 10 feet.

Labor and provisions have both enhanced in value in the course of
the current year to the amount certainly of 25 per cent. — the former
perhaps for such purposes as our uses require to a still greater extent :
$90 per annum was last year an exhorbitant hire for a slave in the re-
gion whence the labor was expected to be obtained ; but the demand for
labor upon the Wilmington and Roanoke Rail Road has long since
reached this region, and those who would last season have let their
slaves for $90. expect from $120 to $150 for the present. We are con-
sequently disappointed in the expectation of finding contractors among
the planters of the country; they will not undertake except with a
prospect of inordinate profit.

My being a stranger in the State and my ignorance as to the de-
gree of credit to be attached to the statements of those from whom I was
compelled to seek information in regard to prices, gave rise to an opin-
ion, which I cannot now confirm, that these works could be executed
by the planters of the neighborhood at less than the usual contract pri-
ces ; one instance may be mentioned, as an example of the sanguine
expectations, which, whether, from a responsive feeling in themselves
or from interested motives those making such statements evidently
wished to impress. A readiness was expressed in my office, and in
the presence of my assistants, to make the entire of the canal spoken of
in my last report, from Mattamuskeet Lake to Pamlico Sound, for 6
cents the cubic yard, by a gentleman who is now a contractor upon the
Alligator Canal at 15 cents, and very modestly proposes, in the absence
of proposals from other quarters, to take a further and very heavy con-
tract at 20 cents ; avowing now an unwillingness to engage in the work
without the expectation of large profits. The progress of this contract,
though under the most unskilful management, and upon the most diffi-
cult portion of the Canal, has demonstrated a nett gain of at least 25 per
cent, to the contractors. The original estimate contemplated that a
gang of five hands would excavate and deposite in the embankment
900 cube feet per day, or 180 feet per hand. The condition of the con-
tract alluded to was that the manner of carrying on the excavation
should be left to the contractors, they preferring their own method to that
contained in the specifications. The true economy in works of this
sort is so to proportion the excavators and barrow men that neither de-
scription of laborers may be kept waiting for the other, and the work
of all so disposed as to leavo no fractions of labour unemployed. This
desirable state of things has by no means been attained upon the con-
tract in question, and yet upon earth, the tenacity and hardness of

which is at least triple that of the rest of the work, 170 feet per hand
has been performed by the whole force employed. This is the result
of an experiment upon the work of one day carefully made at my sug-
gestion and supervised by my assistant Mr. Munford. The value of
the reclaimed land will doubtless, as I shall hereafter show, be great,
and when no other means practicable, would even justify the payment
of still higher prices than have been demanded by those proposing for
contracts, but 1 see no necessity for putting in the pockets of unskilful
contractors so large a proportion of the sums expended in the work. —
Engineers must of necessity be in attendance to stake out the Canals
and the roads upon their banks — to make out estimates and supervise
the general execution of the plans ; much of their time must be unem-
ployed, and they would only require the aiil of overseers employed at
low wages, to construct the intended works with more expedition, skill,
and cheapness, than can ever be done by contractors who are too inde-
pendent to be trammelled by the usual specifications ; and who would
substitute for plans, the usefulness of which has been well tried in Jhe
drainage of the fens of England and the Irish bogs, the conceptions of
their own self will and ignorance.

The novelty of this description of work in our country operates
against the prospect of obtaining contractors from a distance, as do also
the exaggerated terrors of the paludal districts of this State and the
competition of other works ; the time which will likewise be lost in ob-
taining the anticipated advantages, both in the primary object of crea-
ting by the sale of these lands, a fund for the promotion of education, and
in the not less important one of peopling a now desert tract, is another
reason for the vigorous prosecution of this work by a method which I
now propose.

As the act of Assembly under which your honorable board is now
prosecuting this work, does not in your opinion authorize any other
method than that of contracting for the executi( )n of the works ; and as
there seems to be a desire to speculate upon the fund in the only quar-
ter where we could reasonably hope to find contractors, I would ad-
vise an ajiplication to the Assembly for an extension of your powers,
whereby you may possess the option of constructing the works your-
selves or contracting for tlieir execution.

1 have not the least hesitation to assert that the whole system of
drainage described in my report of February 29th, can be carried into
execution for 12 cents per cube yard of earth removed, notwithstanding
the present high rates for labor and supplies and the probability of their
continuance, and I fisel unwilling to sacrifice more of the sufficiently
small sum dedicated to this great work until your pleasure or (should

vou agree with me in tlie expediency of the proposed application) that of
the Assembly can be known. The only mile now under contract is one
of great difficulty compared with the remainder upon the same canal ;
yet even here with proper management, the cost to the contractors would
not exceed 10 cents per yard.

Slave labor, would for the mere execution of the works be prefer-
able, but as the works would be extensive and might require more la-
bor than could readily be procured of that description, it would be ad-
visable, as can easily be done, to procure white 1-jborers, and as a pre-
mium to diligence and good conduct, to offer a bounty of 20 acres of
reclaimed land to each laborer who shall have served two years upon
the works, or during their continuance. Ten thousand acres of land
so appropriated would secure to the State 500 tax paying citizens, and
would be the means of maldng the value of these lands sooner known
than any other method. Besides the 56,000 acres which it is the im-
mediate purpose of these works to reclaim, 22,000 acres of deserted
land of superior quality in the neighborhood of Pungo Lake will be
equally benefitted : upon a portion of this last tract the timber is of un-
common size and value. Some evidence of the quick regulating pow-
er of these lands may be formed from the fact, that a piece of land on
the S. W. side of the Lake, which 15 years ago was cultivated in rice,
is now covered with a dense forest of maples which would probably
average more than a foot in diameter. The want of timber will not
long be felt upon any portion of the tract after it shall have been
brought into cultivation. The climate is also more salubrious than
those residing in the upper country imagine ; the corps of assistants
employed upon the work have enjoyed uninterrupted good health not-
withstanding more than a year's continued and severe exposure. It is
scarcely worth while to enlarge upon the importance of this work as a
State improvement or its especial necessity to the people of the swamp
land districts : to the latter it may be considered the only improvement
suited to their circumstances and position.

The manner in which this undertaking has heretofore been pro-
ti-acted, calls loudly upon those having it now in charge to push it vi-
gorously to completion, and secure to the State, to the Literary Fund,
and the people of the low country, the benefits which they cannot fail
severally to reap from it.

It is probable that the Legislature did not contemplate the restric-
tion which the language of the act for the drainage of the swamp lands
seems to employ : the prosecution of the work in the most economical
manner is now crippled by the limited forces of the Board. If the act
be amended, it should be done very early in December, to allow tlie

time necessary to procure the requisite labor, which can only be done
economically before January. The probable advance in prices and the
unexpected increase in the quantity of work from the greater height
of the land will nearly double the last estimate : one hundred and forty
thousand dollars may now be stated as the cost of the two canals already
located, and 10 to 20,000 dollars must be expended in opening tributa-
ries before the exact effect of the proposed plan of drainage can be de-
monstrated to the satisfaction of purchasers.

The commissioners who were charged with the construction of
the canal from Mattamuskeet Lake to Ysocking creek have been more
successful in getting that work cheaply executed than can be hoped for
in a work of greater magnitude. I am informed that they recommend
to the Legislature, as I have already done to your Honorable Board,
the construction of a second canal from the lake to East Bluff Bay, and
that they propose a canal of 20 feet bottom, which they think can be
constructed for 20,000 dollars.

I disagree with that opinion in every respect, except the expedien-
cy of a canal in the proposed direction. They have overrated the value
of their own canal as a vent for the lake waters, not having made due
allewance for the effect of the past very dry and hot season ; it is well
known that a heavy rain has raised the lake water 4 or 5 inches this
past season, and equally so that the Ysocking canal did not reduce it
more than that amount the first four months after it was opened.

I leave my calculations for the drainage of Lake Mattamuskeet
(contained in pages 10, 11 and 12 of my former report) to be reviewed
by those competent to do so, and retain all the opinions there expressed
in regard to the dimensions of the canal, and would add 25 per cent,
to the estimate for its construction, making 50,000 dollars ; the least sum
for which that object could be successfully accomplished.

A canal of the dimensions recommended by the commissioners,
might certainly answer the purposes of imprc»ving the lake lands, but
the object of this Board would be to reclaim from the lake itself, land
to be thrown into market, and which should, after reclamation be as
little subject as possible to inundation.

Fifteen thousand acres of land can certainly be recovered in that
way from the water, and there seems to be little doubt hei e that they
would very readily produce 150,000 dollars, leaving to the fund a nett
gain of 100,000 dollars.

As a subject in some measure connected with the interests of the
swamp lands, I will in conclusion allude to the report of Col. Kearny,
of the U. S. Topographical corps, in which an opinion is expressed
that Ocracoclv Inlet is in the process of closing, and that the trade of

Albemarle and Pamlico Sounds must eventually take the direction o{
Core sound and Beaufort or Old Topsail Inlet.

The inaccuracy of the windings on Ocracock bar, has been alrea-
dy asserted by tlie ship masters and pilots, who are or have been en-
gaged in the navigation through that inlet ; it occurs to me also that
one of the very reasons given by Col. Kearny in favor of its being
about to close is strong evidence to the contrary. He asserts most tru-
ly that most of the inlets between Cape Henry and Beaufort harbor
are in a steady progress towards closing, but it is very certain that the
fewer the inlets shall be in number, the stronger the current will be
through those which remain, as long as the immense efflux of the land
waters shsll continue.

I would refer to page 11, 3d paragraph, of extracts from reports
on Internal Improvement, published for the use of the Board of Litera-
ture, wherein a quotation from Rennel's work on the geographical sys-
tem of Herodotus, shows the effect of alluvial formations like those of
the coast of North Carolina, to be generally what Col. Kearny states as
now in progress, but with an opposite conclusion from his. " As the
land rose by dspositions^^the waters would naturally confine themselves
to fewer channels ; since the land in a firmer state requires greater
force to divide it. At a time when the upper part of the Delta had ac-
quired a degree of firmness and elevation, we learn from Herodotus^
that three channels conveyed the waters of the Nile to the neighbor-
hood of the sea : a quarter in which the alluvial land must ever be
regarded as in an imperfect state of formation. At present, two only
convey those waters to the same quarter, and pne of them -is growing
shallow.

The resultant action of the effluent waters of Albemarle and Pam-
lico Sounds, would in my opinion form an inlet at or near where Ocra-
cock now is, were there none yet existing.

Inlets have opened upon our coast as well as closed. Witness the
New Inlet, near the mouth of Cape Fear river, and the Ship Shoal In-
let on the eastern shore of Virginia, and have afterwards rapidly deep-
ened.

The variable and alternately preponderating influence of power-
ful Atlantic gales, or great periodical floods of the land waters, will pro-
duce either one or the other eflect.

I wish every success to the Core Sound Improvement, a s one of
^.., general interest to the South Eastern portion of our State, but would
deprecate the closing of Ocracock.

With sentiments of the highest esteem,

^^ ■ I am your obedient servant,

CHAin.ES B. SHAW .

REPORT

OF THE PRESIDENT AND DIRECTORS OF THE
LITERARY FUND OF NORTH CAROLINA,

ON THE SUBJECT OF COMMON SCHOOLS.

iV 0 I' e 7« & e r , 1 S 3 S .

A Resolution adopted at trie last session of the Legislature, made
it the duty of the President and Directors of the Literary Fund to di-
gest a plan for Common Schools, suited to the condition and resources
ot the State, and to report the same for the consideration ©f the present
General Assembl3^

The Board have given to this subject attentive and anxious con-
sideration, and taken pains to procure all the information within their
reach, which seemed essential to enlightened legislation. On the
day of last, the President, under the direction of the Board,

transmitted a Circular to the Governor of each State in the Union, re-
questing copies of all legislative acts and other official Documents in
relation to Common Schools, eitlier in existence or contemplation.—
This communication received the favorable and general attentiou,
which the interesting subject to which it relates was so well calculated
to excite, and the Board have thus been enabled to present to the Gen-
eral Assembly many publications of great interest and x-'alue.

They r6gret to be compelled te state in connexion with this topic, %
that their efforts to procure still mbre important information, with re- \
spect to the actual state of education in North Carolina, have been much
less successful, and that no means at their command v/ill enable them
to obtain such facts as are indispeiisable to the proper discharge of the
duty required at their hands.

The Reports to the Senate in 1816 and 1S17, by the late Judge
Murphey, the letter of Charles R. Kinney, Esq., communicated to the
General Assembly by Governor Owen in 1828, and the letters of the
late President Caldwell, originally published in the newspapers and re-
published in pamphlet form in 1832, have been procured, not witliout
difficulty. They contain many valuable sugorestions, and will well re-
ward the labor of the most careful examination ; but they are all emi.
jiently wanting in that which individual effort is incompetent to supply
— the precise and minute statement of facts by which alone the accura-
cy of their theories can be tested.

The Memoir on the subject of Internal Improvements and on (he
resources and finances of the State, published by Judge Murphey in
1819, is the first and only essay that has been made towards the compi-
lation of a system of Statistics, almost as indispensable to intelligent
legislation, on the leading interests of the State, as a well arranged ac-
count book to the proper management of individual affairs.

If it shall be objected to this Report, that like all others which have
preceded it, it abounds in hypothesis and theory, the General Assembly
will not be disposed to censure too harshly, the most manifest defect,
when it is apparent that none others than themselves are competent to
afford a remedy. The Memoir of Judge Murphey, above referred 'to,
comprised much valuable information, of great interest, at the date of
its publication, and constitutes the proudest monument to his memory.
On the subject of education, however, it did not profess to enter into de-
tails, and the lapse of nineteen years has wrought greater changes in
the character and condition of the State, than would be likely to occur
to an ordinary observer. Since that time no addition has been made to
the meager amount of statiscal knowledge. There is no publication
extant, no individual m existence, that can afford any satisfactory in-
formation with respect to the number of common schools in the State,
much less the number of pupils, the mode of instruction, the condition
of the school houses, the characters and qualifications of the instruc-
tors. Indeed it is doubted, whether there is any one competent to
meet these inquiries with regard to a single county, certainly there is
none without the legislative body, and yet all this and much more, is
not merely desirable and necessary, but indispensable to the great
purposes contemplated by the E.esolution requiring this Report. • Of
the number, resources and condition of our academies, something
more, and yet very little is knownj Even the history of the Univer-
sity is as yet unwritten : the subject has been ascertained to be ob-
scure by those best acquaiated with it, and though the institution bears
the name of the State, and has been proudly denominated " the child
of the constitution," its precise situation and resources, the mode of
instruction, government and police, the effect which it has heretofore
had, and is likely to have hereafter on the morals, intelligence and
character of the State, are less familiarly known than they should be,
even to the constituted authorities of the country.

The Board have no apology to ofier for the introduction of these
remarks. They believe there are none' more devoted than they to the
best interests of their native State, and they would regard themselves
as recreant to the highest obligations of patriotism, if imder the influ-
ence of false pride, or the disposition to pander to public vanity they

should suppress any truth, which the pubhc interest required to be
promulgated.

The inability of the Board to obtain the lull and accurate knowl- j
edge indispensable to a compliance with the command of the General )
Assembly, to digest a plan for Common Schools, "suited to the condi- ^
tion and resources of the State," will constitute the most appropriate
apology, for the partial and defective statements which will be offered in
regard to them.

North Carolina extends over an area of 50,000 square miles or
32,000,000 of acres. In 1830 her population consisted of 472,843
whites, 19,543 free persons of color, and 245,601 slaves. The average
aggregate population to the square mile was about 14 7-10, and of white
population 9 4-10. The aggregate population in 1840 will probably
be about 850,600, or 17 to the square mile, and the white population
550,000 or 11 to the square mile. The number of white children be-
tween the ages of five and fifteen years was in 1830 129,583 — in 1840
the number will be about 150,000, or 3 to the square mile.

Accurate information, with respect to the proportion of our citi- /
zens who have received the benefit of a common school education,
from their own resources, would shed great light upon our inquiries. /
The data at our command is vague and uncertain. The Hon. W. .
C. Johnson, of Maryland, in the course of a series of interesting
observations on the subject of common schools, made in the House
of Representatives of the United States, in February last, remarks
that he has seen no report from Nortji Carolina on this subject, but
that it is obvious that she stands greatly in need of an improved system
of education, from the fact that, out of one hundred and eleven voters
who gave testimony, in relation to the contested election in the first
session of the 22d Congress, twenty-eight made their marks ; in other
words, one third could not Write their names. It must be remembered,
however, that the Congressional District referred to is on our western
frontier, and that although it certainly yields to no section of the State
in the exhibition of mental and physical vigor, nevertheless owing to
its comparatively recent settlement and the spareness of its population,
the means of education are less generally diffused than elsewhere. —
The class of individuals too whose votes are most likely to be chal-
lenged are not always the most intelligent portion of the community.
But after all proper allowances ai'e made, the existence of such a fact in
the most populous Congressional District in the State, and the one for
which it will be most difficult to provide, in any general scheme of ed-
ucation, is startling. In 1840 more than one-eighth of the voters of the
State will be found in this region. In the same district of country there

are not more tlian t\vo well regulated Seminaries, where instruction is
given in classical learning : and in these no means are provided for the
illustration of the physical sciences. With the exception of the Univer-
sity, we have but one institution in the State possessed of philosophical
and chemical apparatus, a third will in a short time be supplied. —
There are not probably a dozen Academies prepared to give instruction
in the use of the Maps and Globes, or half of this number furnished
with Libaries.

The average number of students on the catalogues of the Univer-
sity for the last twenty years, is one hundreci and eighteen, or in the
ratio of about one to every four thousand of our white population in
1830. During this whole period however, many of our young men,
probably, a third, were educated at the colleges of other States, and if
so, the ratio of students at college to the white population would be as
one to three thousand.

Such is the only information that' has been obtained with respect
to the condition of the State.

More full and precise details can be furnished on the subject of
our resources. But much, very much will be left to be desired. The
average value of the entire surface of the State, is not less thart two
dollars per acre, making the aggregate sum of 64,000,000 dollars. —
The total value of all other species of property has been computed
from satisfactory data to be at least 136.000,000 dollars, which added
to the estimate of lands amounts to two hundred millions of dollars.

The small proportions of the annual productions of the State
which finds a market within our own borders, renders it impossible to
submit any calculations upon this subject which would have reasona-
ble claims to accuracy.

The state of the fund set apart for the support of common schools
is exhibited in the following statement of the permanent 'property and
other sources of revenue, committed to the management of the Board.

1st Permanent property — a million of acres of swamp lands
of uncertain value ; 5,000 shares of stock in the Bank of the State, and
5,207 shares in the Bank of Cape Fear, subscribed at 100 dollars per
share ; 500 shares of stock in the Roanoke Navigation Company, sub-
scribed for, at 100 dollars per share, and probably worth half the sum ;
650 shares in the Cape Fear Navigation Company, (500 subscribed for
at 50, and 100 at 100 dollars per share) subject to a like depreciation ;
the dividends on 6,000 shares of stock in the Wilmington and Raleigh
Rail Road Company, subscribed for at 100 dollars per share ; and 175
shares in the Club-foot and Harlow Creek Canal Coinpany, subscribed
at 100 dollars per share, the latter of no marketable value.

2d. Sources of revenue — The tax imposed by law upon the

:: 15

j! retailers of spiritous liquors — the tax on auctioneers — alimonies paid
- into the Treasury on entries of vacant lands (except Cherokee lands)
— and all profits accruing to the State, for subscriptions to works of
Internal Improvement — and from loans made from the Internal Im-
provement Fund.

The transcript in the appendix taken from the report of the Pub-
lic Treasurer, exhibits the whole fiscal transactions of the Board since
April, 1837, and is'given at length, to enable those disposed to enter
into the investigation, to satisfy themselves of the degree of reliance
which may be placed upon the following estimates :

ESTIMATES FOUNDED UPON THE FOREGOING STATEMENTS.

The Bank stock belonging to the fund, is of greater value than
the subscription price, and this excess of value will be more than equi-
valent to the depreciation of the navigation stocks. There can be no
risk, therefore, in estimating the bank stock and the Roanoke and
Cape Fear Navigation stock at par — and the Club-foot and Harlow
Creek Canal stock as destitute of value. The value of the "VVilminsfton
and Raleigh Rail Road stock can only be determined by time and ex-
perience. At present favorable expectations are entertained.

RECAPITULATION.

10,207 shares of Bank stock at $ 100 per share $ 1,020,700

500 do Roanoke Navigation $ 100 per share 50,000

650 do Cape F^r do do do 32,500

Cash in the Treasury, 31st October, 1838 27,285

$1,130,185

6,000 shares of stock in Wilmington and Raleigh Rail

Road Company, subscribed at .$100 per share 600,000

$ 1,732,485

ESTIMATED ANNUAL INCOME.

The Bank and Navigation stock, as above will pro-
bably yield a yearly profit of six per cent, on

$ 1,100,000 66,000

Wilmington and Raleigh Rail Road stock, 6 per cent.

on $ 600,000 36,000

Tax on retailers of spiritous liquoi-s - 2,800

do on auctioneers 1,200

Moneys paid for entries of vacant lands 5,000

.<^- 111.000

0113 of the principal sources of revenue during tlie last two years,
viz : interest arising from loans made by the fund for Internal Improve-
ments, is omitted in the estimate, because the principal money may be
appropriated to some public work during the present session, and this
may or may not be a source of revenue, according to the character of
the enterprize. The swamp lands are omitted, because no calculation
can be made with respect to them on which the Board can rely them-
selves, much less command the assent of others.

To devise a system then, which shall secure instruction in reading,
writing, and arithmetic, for 150,000 children, dispersed through the
State in the ratio of three to every square mile, with the resources sta-
ted, would seem to be the precise duty required of the Board, by the
last General Assembly.

Massachusetts is entitled not merely to the high distinction of
having given birth to the common school system in America, but to the
peculiar glory of having preceded all other people in the efforts now
making for the intellectual regeneration of the world. The cradle of
liberty was none other than the cradle of intelligence, and the spirit of
our free institutions can c'©titinue to exist in none other than the bril-
liant atmosphere which gave it birth. The population of Massachu-
setts in 1830 was 610,014, or 81 to each square mile of her Territory,
in 1810 it will be about 710,000 and about 94 to the square mile. The
number of children between the ages of four and sixteen is returned at
177,053, &,nd the amount expended for instruction is estimated at
$ 841,000, of which sum $ 465,000 is raised by direct taxation. The
latter sum is divided annually among more than three thousand teach-
ers. The assessed value of the property of the people of that State in
1830 was $208,360,407, and is probably much greater now. The
reputation of her citizens for intelligence and enterprise, is co-exten-
sive with civilization. It is a matter of just pride with her Statesmen,
that a common school system, cherished to the extent which has
been shown, is well suited to the condition and recources of that
commonwealth. ,

Let us compare, for a moment, the relative advantages of the
two States in both these respects. Our white population is spread
over the State in the ratio of eleven to the square mile, her's in the
proportion of ninety-four. Density of population is a great advantage,
provided it be equally diffused, inasmuch as the school-house can be
brought nearer each man's door. In equality of diffusion, owing to
the non-existence of large towns, we have greatly the advantage : and
it is believed that it can be shewn to a demonstration, that the advan-
tage arising from the greater density of population in Massachusetts is

fully counterbalanced by evils of an opposite" nature, from which we
are exempt. We are blessed with a climate equally sahibrious, a soil
of greater average fertility, a larger variety of productions, and more
valuable staples, a domain between six and seven times as extensive,
an amount of aggregate wealth nearly as great, and greater, man for
man, divided among our citizens with an equality, strikingly similar
to that which characterises their distribution over the State. In the
relative dissemination of intelligence, it must be admitted that the
superiority is not with us, and to this cause alone, must be ascribed
the fact that, with immensely greater facilities for the production of
wealth, we have so -little surpassed our keen-sighted rivals. Neither
argurrient nor example is necessary tO' prove that the enterprise, and
consequent wealth of every nation, is in a direct proportion to its in-
telligsnce. It is the history of the world, and the experience of every
individual.

A comparison of the relative advantages of North Carolina, with
either of the States that has entered upon the great career of improve-
ment, will serve lo shew that there is nothing connected with the con-
dition and resources of this commonwealth, that should deter the
patriot from the attempt tq discharge his duty. New York, Penn-
sylvania, and the infant Collosus, Ohio, are apposite and cheering
examples. The empire State, that astonished the world, by the ac-
complishment of a physical improvement, "a century in advance of
the age," has effected infinitely more for our country and mankind,
in the admirable organization of her system of intellectual improve-
ments. With a territory not quite equal in extent to ours, an aggre-
gate population perhaps three times as great, she has established more
than ten thousand common schools, in which, instruction is given to
a number of children, larger than that of our whole white population.
If De Witt Clinton had never been born, and the first conceptions of
her wliole scheme of interal improvements were yet to be formed,
they would certainly and inevitably result from her common school
system. It is mind that acquires dominion over matter, and education
that forms the mind, Pennsylvania entered comparatively late into
the generous contest of physical and intellectual improvement, but she
entered with a giant's stride, and has made and is making a giant's
progress. With an extent of territory, less by one-tenth than ours, an
aggregate population tv/ice as large, her system provides for the
immediate instruction of 300,000 children, at an annual expens3 of
$. 600,000.

This expense, let it be remembered, has been volmitarily assumed
by her citizens, at the polls, in her several school districts, and at a
time when they were charged with the maintenance of a system of

interaal improvements, extensive and costly beyond ail parallel. .
Ohio, that in the memory even of the middle aged men of the present
generation, was a wilderness, promises to oiitstrip all her sisters in
physical and intellectual improvement. One of her citizens* is en-
titled to the proud distinction of having given the first impetus to the
greatest physical improvement of the age — and another,! a forest born
professor, has probably accomplished still more gigantic results, by the
interest which lie has excited in favor of education in his native State,
and throughout our counrry. It cannot be necessary to enter more
extensively into these calculations.

Our condition is not unfavorable to the establishment of common
schools ; we have the necessary resources, and need nothing but the
will to apply them liberally, and the intelligence to apply them with
discretion. With respect to the mode of appilication, we have for-
tunately access to more satisfactory information, than on any other
topic that has engaged our attention. The regret that we have not
been enabled to act efficiently at an earlier period, is lessened by the
consideration that we are enlightened by the recorded experience ol
those who have preceded us. If there were widely discordant opin-
ions, as to the best mode of national enlightenment, we might still
experience much difficulty in arriving at satisfactory conclusions.

So far, however, as the Board have had an opportunity of exam-
ining the history of education, in the old and new world, the mode of
procedure is substantially the same. In Sweden, Prussia, Germany,
Austria and Russia, the machinery is arranged with a celerity, and the
system pursued with a ^ngor peculiar to the operation of despotic
forms of government. In this country, where the people are sove-
reign, action implies deliberation, and to deliberation are sometimes
incident, hesitation and delay.

In digesting the system of common schools, now to be submitted,
the Board claim for themselves no originality of conception. They
have done nothing more than to endeavor to adapt to our condition
and purposes, machinery which }ias been well tried, and found emi-
nently useful elsewhere.

Of the 50,000 square miles, or 32,000,000 acres, constituting the
surface of North Carolina, a million and a half of acres were estima-
ted by the engineers appointed to examine them, tt) consist of vacant
and inaccessible swamp lands in the eastern section of the State. If
this estimate approximates accuracy, and we add to the extent of the
swamps, the mountainous districts of the west, unsusceptible ofttilti-

^ Dr. Drake.

vation, we may saiely conclude that at least one-tenth of the State is
uninhabited. There remain then 45,000 square miles of inhabited
territory. If this area be divided into common school districts, six
miles square, or as nearly so as the nature of the country will admit,
the State will contain 1250 districts. If tlie population were diffused
throughout the State, with precise equality, each district would con-
tain about one hundred and eight children, between the ages of five
and fifteen, and the most remote child would be a little more than four
miles, in a direct line, from the centre of his district, while the greater
number would be less than half the distance.

It may be very desirable, and certainly will be so ultimately,
to have smaller districts and more numerous schools. New York,
we have seen, has divided the same extent of territority, into more
than ten thousand districts. She has, however, nearly five times as
many children to provide for, and it is a matter of much regret with
her most intelligent citizens, that they have not fewer, and consequent-
ly better schools.

The division proposed, would, if our counties were all of the
same extent, give about nineteen schools to each county.

As stated in the outset, the Board have no means of ascertaining,
but the opinion is confidently entertained, that there have been at no
time a dozen good schools sustained in the most populous and wealthy
of our counties. It is believed, moreover, that if the requisite funds
were at the command of the Board, the establishment of a greater
number of schools would not be desirable, for the obvious reason that
it would be impossible to supply them with competent instructors.
Indeed, as will hereafter be shewn, the greatest difficulty to be encoun-
tered, in this great effort at intellectual reform, will be in commanding
the services of proper school masters.

The districts having been laid off by designated boundaries, a
school-house is in the next place to be erected, at a proper place, of
suitable materials, and on the most judicious plan. As the rising
generation is to pass a deeply important, interesting, and the most
impressible portion of life in these tenements, the mode of construc-
tion is a matter of no small moment. Indeed much of the efficacy
and success of the whole system, will depend upon the model which
shall b3 selected, and the manner of its execution. Too much atten-
tion cannot be bestowed upon either. The edifices should be plea-
santly situated ; should be neat and comfortable, and as they may, on
an average, aftbrd the only opportunities of instruction to 108 children,
they must be spacious. In no community, however, will the whole,
or nearly the whole number of children, ever be sent to school at the
same time.

The accompanying report of the secretary of the Board of Edu-
cation of Massachusetts, on the subject of school houses, contains all
the information on this head that can be desired, and obviates the
necessity of farther remark here. The districts having been designa-
ted, and the requisite school houses erected, the difficult question
returns upon us— how are instructers to be provided? No one capable
of forming correct opinions upon the subject, and conversant with the
state of things around us, can suppose for a moment, that we can
find twelve hundred and fifty, properly qualified instructers in North
Carolina, or any considerable proportion of this number. They can-
not be had from the North, if it were desirable to employ others than
those reared in our State, for the difficulty of obtaining them is much
more loudly complained of in Ohio, Pennsylvania, New York, and
even in Massachusetts than here. What then is to be done? We will
be compelled to adopt the course crowned with such perfect success
at -Hofwyll, in Switzerland, in Prussia, and Germany, and which is
now in the progress of successful experiment in New York, and about
to be adopted in Ohio, Pennsylvania and Massachusetts. A scheme,
pressed with so much earnestness and ability on the attention of the
citizens of this State, by President Caldwell, in his volume of letters
published in 1832, and which indeed, constituted his only plan and
hope for the improvement of our common schools. We must estab-
lish normal schools for the education of our own teachers, and we
need entertain no hope of accomplishing the favorite object of the
State in any other way.

New York has endowed a separate department in each of her ten
district academies, for the instruction of common school teachers. It
has had the eftect already of giving increased reputation to the least
appreciated.' but most useful of all the learned professions, and
promises a radical change for the better in the schools throughout
that State. The graduates of these normal schools are sought for with
the greatest avidity, and notwithstanding all the efforts that have been
made to give efficiency to these departments, the supply is by no
means, commehsurate with the demand.

The ' supsrintendent of common schools in Pennsylvania, ad-
vises the establishment of four practical Institutes in different sections
of the State, the procurement of suitable libraries and apparatus, and
a family of six professors for each, involving an annual expense of
$40,000.

If these views needed the confirmation, either of argument or
authority, they would find both in the subjoined extract from the
report of the Board of Education of IMassachusetts, made on the 20th

of April last. Gov^ernor Everett is cliuinuau oi" this Board, and it is
almost superflous to remark that thsre is no individual, whose opin-
ions are entitled to more weight on all subjects connected with educa-
tion. The subject of the education of teachers is of the very highest
importance in connection with the improvement of our schools. That
there are all degrees of skill and success on the part of teachers, is a
matter of too familiar observation to need repetition : and that these
must depend, in no small degree, on the experience of the teacher,
and in his formation under a good discipline and method of instruc-
tion in early life, may be admitted without derogating in any measure,
from the importance of natural gifts and aptitude in fitting men for this
as for the other duties of society. Nor can it be deemed unsafe to in-
sist, that while occupations requiring a very humble degree of intellec-
tual effort and attainment, demand a long and continued training, it
can not be that tlie arduous and manifold duties of the instructor of
youth should be as well performed without as with specific preparation
for them. In fact it must be admitted as the voice of reason and ex-
perience, that institutions for the formation of teachers must be estab-
lishi^d among us, before the all important work of forming the minds
of our children, can be performed in the best possible manner, and
with the greatest attainable success.

No one who has been a witness of the ease and effect with whicli
instruction is imparted by one teacher, and the tedious pains-taking and
unsatisfactory progress which mark the labors of anotlier of equal abil-
ity and knowledge, and operating on minds equally good, can entertain
a doubt that there i^ a mastery in teaching as in every other art Nor
is it less obvious, that within reasonable limits, this skill and this mas-
tery may themselves be made the subjects of instruction and be com-
municated to others.

'•' We are not left to the deductions of reason on this subject. In
those foreign countries where the greatest attention has been paid to
the work of education, schools for teachers have formed an impor-
tant feature in their systems and with the happiest results. The art
of imparting instruction has been found like every other art to improve
by cultivation in institutions established for that specific object. New-
importance has been attached to trie calling of the instructer, by public
opinion, from the circumstance, that his vocation has been deemed one
requiring systematic preparation and culture. * •' * The duties which
devolve upon the teachers even of our common schools, particularly
when attended by large numbers of both sexes and of advanced years,
for learners, (as is often the case) are various and difficult of perform-
ance ; for their faithful execution, no degree of talent and qualification

is loo great, and when we reflect m the nature of things, that only a
moderate portion of both can in ordinary cases, be expected for the
slender compensation afforded the teacher, we gain a new view of the
necessity of bringing to his duties, the advantage of previous training
in the best mode of discharging them.' '

" A very considerable part of the benefit which those who attend
our schools miglit derive from them, is unquestionably lost for the
want of more skill in the business of instruction on the part of the
teacher. This falls with special hardness on that part of youthful
population who arc able to enjoy, but for a, small portion of the year
the advantage of the schools. For them it is of peculiar importance,
that from the moment of entering the school, every hour should be em-
ployed to the greatest advantage, and every facility in acquiring know-
ledge, and every means of awakening and guiding the mind be put into
instant -operation ; and when this is done, two months' of schooling
would be as valuable as a year passed under a teacher destitute of ex-
perience atad slcill. "

If the Legislature sItouI^ determine to establish a single school &f
this character, the public convenience will of course require that it
shall be located near the centre of the State. If the board were author-
ized to make an arrangement with the Trustees of the University, and
to annex to that institution a department for the instruction of com-
mon school teachers, a less numerous faculty might be required, than
for a separate school. The libraries, apparatus, geological and mine-
rological cabinets, would subserve equally the purposes of both. —
That institution now receives without charge either for tuition or room
rent, every native of the State, destitute of the means of education, who,
upon examination by the faculty, is believed to possess the requisite
mental and physical constitution to render him a valuable member of
society.

There can be no difficulty in pronouncing that the trustees would
greet with a simitar spirit of liberality and benevolence, any proposition
which should promise still more extended usefulness.

If a system of common schools of this or similar extent should
find favor with the General Assembly, it will next become necessary to
inquire more particularly into the amount of expenditure it will in-
volve, and the manner in which the requisite funds can be provided.

The nett annual revenue of the Literary Fund, as at present con-
stituted, cannot, as before remarked, be less than one hundred thousand
dollars, and will probably exceed that sum. The act of 1825, creating
the fund, provides Ihat it shall be distributed among the several coun-
ties in proportion to their white population. No illustration can be
necessary to shew, thnt this sum unassisted from other sources, is

wholly iiiadeqimto to \he maintenance of any c^eneral system of edu-
cation. The distribution of the fund set apart for this purpose, how- ,
ever, should not be made, until the citizens of each county shall have
decided in favor of the scheme, at the ballot box, and the justices of
the County Court shall have levied and collected twice the amount
that the. county shall be entitled to receive from the State.

It would seem scarcely necessary to resort to argument to mani-
fest the propriety and necessity of this condition. It is obvious that
proper interest will never be taken in the management of the schools
by those who are not conscious of having contributed to their mainte-
nance. And no school can be conducted upon the best principles, that
is not subjected to the constant and jealous supervision of the most in-
telligent portion of the community, and this keen circumspection noth-
ing short of a sense of pecuniary interest can produce. The tax pay-
er will not merely be disposed to see that his money is not wasted, he
will be anxious to derive benefit, and the greatest possible amount of
benefit from the expenditure. This can only be secured by the main-
tenanc-e of a well regulated school, and the means necessary to the end
will not be neglected. If the state fund were ample in amount for all
the purposes contemplated by its creation, it is more than doubted,
whether it would be possible to effect the object without uniting it
with individual interests.

The Board are not to be regarded as intimating the opinion that
the State and county fund provided and united in the iTianner proposed
will be competent to effect all that the philanthropist would desire. —
Far from it. It will accomplish however vastly more, than has hith-
erto been attempted or anticipated in North Carolina. If the scheme
now suggested should be carried into successful operation, all will have
been done, perhaps that it is proper to be attempted at the present time.
The foundation of a Universal System will have been laid, which pro-
perly beginning with society in its incipient stage, will ultimately
adapt itself to every period of life, and to all the wants of iho country.
Well endowed academies will succeed to common schools, at no long
interval, and colleges and universities, in due time, complete the struc-
ture. All are not merely necessaiy, but indispensable to the prosperity
and happiness of a well governed State.

But it is time to return from this digression to the delineation of
the plan. It would not probably be possible to divide the State into
the proper districts, erect school houses in each, and have one or more
normal schools in operation in less than three years. The accumu-
lation of three years, arising from the regular income of the fund, and
double the amount raised by the counties, would amor.nt to nine hun-

tired thousand dollars, and this sum divided by the number of school
districts (1250) would admit of an average salary of ^240 to each
school master. This rate of compensation is certainly very moderate,
but it is believed to be greater than the sum ordinarily derived from
the same avocation at present. Various circumstances may tend, in
many instances, to increase it. The wealthier neighborhoods, may
augment it by voluntary contributions; the schools in summer, particu-
larly in the poorer districts, will consist mainly of the younger classes
of learners, and for these instruction may be provided ; in an inverse
ratio to the value of the services rendered, by the most amiable, pa-
tient and successful of the whole tribe of teachers — educated females.
In all the districts v.^here voluntary provision is not made, the instruc-
tor must, as in the Eastern States, board with the parents of his pupils
at alternate intervals.

[ To superintend, direct and control the whole of this complicated,

but not inharmonious machinejy, a superintend ant of common schools
must be selected. Perhaps there is no office in the State so difficult to
fill well, as there is certainly none of such incalculable importance. —
For such a station, no character, is too exalted, no amount of learning
too varied and extensive, no talents too commanding, no benevolence
too active or expansive. He must direct the normal schools, visit and
examine every section of the State, devise the principle on which it
shall be districted, furnish the model, of the school houses, devise the
mode for examining and licencing teachers, select the series of text
books, and see that they are invariably used in every school, devise
forms of reports, to be required annually from each instructer, tliat
shall contain all that is necessary to be known, with respect to the con-
dition, government and police of the school, and prepare a systematic
digest of tlie whole to be submitted to the General Assembly. He
should be able to exercise a commanding influence over multitudes in
their primary assemblies, to advise the instructer in his school room,
and to control and dissipate causeless prejiidices and jealousies without ;
alt these qualifications may not, and probably will not be found united
in any individual, but proper pains should be taken to secure the near-
est approximation practicable. I

Altiiougli the Board have been simply instructed to digest a plan
of common schools, a few remarks upon the subject of education, gen-
erally, and in connexion with some features of the scheme, may not be
deemed irrelevant to their duty.

/ The system recommended contemplates the annual expenditure

of i$ 300,000, of whicli sum $ 200,000, is to be raised by direct taxa-
tion upon the counties, in proportion to their wliite population, for the

instruction of 150,000 children in the elemants of learning, morals and
religion. It amounts at the most to one tenth of one per cent, on the
entire capital of the State, $ 200,000,000, in other words every individ-
ual will be required to contribute the one thousandeth part of each dol-
lar for the education of his children, and the diffusion of the light of
learning and the spirit of freedom throughout the State.

It will be perceived from the statement of the Public Treasurer of
the condition of the Literary Fund, as exhibited in the appendix, that
there are about eight hundred retailers of spirituous liquors licensed in
this State, at the rate of $ 4 per head. If the receipts of each of these indi-
viduals are of the average annual amount of $ 400, the aggregate sum
freely contributed to sustain these Common Schools for the dissemina-
tion of vice and immorality is greater than that required to establish a
system of the character which has been delineated.

If the country is too poor to sustain both, may not the question be
properly submitted to the people, which shall be dispensed with. The
security of life, liberty and the pursuit of happiness is, under the bless-
ing of Heaven, exclusively dependent upon one — of the other it must
be left to its advocates to speak.

Without the benefit of a Common School education, the usefulness
of man to himself and his neighbor is greatly restricted. But who will
venture to calculate the direct loss to the community in an economical
point of view, from the tv/o partial diffusion of elementary learning 1
When was a nation impoverished* by any extent of effort to enlighten
the common people ? Is it possible in the nature of things to produce
such a result from such a cause ? On the contrary, must not the cul-
tivation of the miiid and the heart tend to diminish the expenses inci-
dent to crime ? Will not the application of science to the useful arts
insure increased production, and the consequent augmentation of individ-
ual and national resources? Nothing is more certain.

There is another point of view, however, even in connexion with
the temporal interests of man in which this subject should be regarded,
in comparison with which all economical considerations dwindle into
insignificance. Not merely the property — the life and liberty of every
citizen, and the perpetuity of our free institutions depend upon the jury
box and the ballot box. If intelligence ai.d integrity be wanting there,
the form of government ceases to be of the slighest moment.

The Constitution of the State requires " that a School or Schools
shall be established by the Legislature, for the convenient instruction
of youth, with such salaries to the masters, paid by the public, as may
enable them to instruct at lov.'" prices, and that all useful learning shall be

*See Appendix — Relation of ignorance to crime.
4

duly encouraged in one or iiiore Universities." At the time when this
instrument was framed, the pubhc mind was most deeply excited, on
all subjects connected with the rights of man. The fundamental prin-
ciples of civil government were more universally discussed, and more
thoroughly understood than at any subsequent period. The social edi-
fice was regarded as resting upon the virtue and intelligence .of the peo-
ple. The principle which no one presumed to controvert then is true
noip, or our whole representative system is a delusion and a mockery.
It must be carried into effect or the solemn declaration of the father of
his country, that in proportion as the structure of government gives
force to p7iblic opiiiion, it is essential that public opinion should be
enlightened, becomes unmeaning and useless jargon, and our once re-
vered Constitution a dead letter.

RELATION OF IGNORANCE TO CRIME.

[Extracted from an article on the subject of Common Schools, in
the North Ainsrican Review, No. 101, for October, 1838.]

It is ti'iie economy to buy an article that is worth your money, and
many have been ruined by buying cheap penny worths of education
no less than in trade. A good master will teach and benefit a school
more in two months, than a master poorly qualified in a year. It will
be found much cheaper to employ the best teachers. A boy kept till
he is eighteen in an ordinary district school, and then sent for three
years to an ordinary Academy, is not so well fitted for active life at
twenty-one, as every boy might be at six^.eeia in such a school as ought
to be kept in every district in the Commonwealth, and well might be,
if we had our essential normal schools in full operation. Who ever
therefore will be still content to give his son no better education than
we have mentioned may have it at less than the present cost by emploj''-
ing the best teachers, and his son produce an income, instead of re-
quiring an expense, for the last five years of minority. But he who gives
his children a comparatively superior education in the present state of
things, would not rest satisfied till he had educated them in the same de-
gree above the improved standard. And, in so doing he would not de-
part from the strictest economy, for an enlightened community produces
and accumulates wealth faster, in a vastly greater ratio, than the pro-
portionate additional cost of their educi^tion. A million of dollars a
year, judiciously applied to the improvement of young heads and hearts
for the next thirty years, would not merely be refunded, but the State
would be much more than thirty millions richer in visible property at
the end of that period.

But we are tired of reducing the riches of the soul to a metal ic stan-
dard. We join issue therefore, with those a part of whose creed it is, that
the promises held out by education ought to be redeemable in specie ;
and we say to them, ifthsy will pause and lend a ear a moment, that it is
not enough that their children should be intelligent and virtuous, even if
that were possible in the neglect of all others, but their neigbor's chil-
dren should be intelligent and virtuous also, or their own children must
pay for the deficiency, ay, pay for it specifically in money. The ques-
tion is whether it is not both cheaper and pleasanter to pay through
tlie school committee, than through the overseers of the poor, to sup-
port schools than jails, teachers than executioners, and to build writing
desks than ^allows.

The Rev. Dr. B. Forde, for many years the ordinary of Newgate,
remarks, m his hints for the improvement of the Police, '-'the ignorance
of the inferior classes of society is the first and great cause of the mul-
tudinous depredations which are daily and nightly committed. Idle-
ness is the second. 1st, Public Schools, under the care, control and
inspection of a zealous parochial committee, ought to be established
throughout the whole kingdom, if possible ; in which religion, morality,
and a moderate degree of learning, should be taught to the potor free of
every expense. 2nd. Work ought te be provided for the industrious.
Sir Richard Phillips, sheriff of London, says that on the Memorial
addressed to the Sheriffs by 152 criminals in Newgate, 25 only signed
their names in a fair hand, 26 in illegible scra\(rl, 101 were marksmen,
signing with a cross. Few of the prisoners could read with facility,
more than half could not read at all, most of them thought books use-
less, and were totally ignorant of the nature, object and end of religion.
The same phenomenon presents itself in all American prisons. —
The eleventh of the admirable Reports of the Prison Discipline Society
gives these facts which might be multiplied almost indefinitely. In
Connecticut, no convict ever sent to the State prison had a liberal edu-
cation, or belonged to either of the learned professions. One half were
unable to write, and one sixth to read. Of the 66 convicts of 1835, the
crimes of only four required for their commission ability either to read
or write. In Auburn Prison, of 228 convicts in 1835. 3 had an Aca<
damical education, 59 could read, write and cipher ; 56 could read and
v/rite only, 50 could read only; and 60 could not read. In the new
penitentiary in Philadelphia, of 217 prisoners received in 1835, 63 can
neither read nor write, 69 can read only, and 85 can read and write, but
most of them very indifferently. The Chaplain of the Ohio Penitenti-
ary remarks, ''not only in 'our prison, but in others depraved appetites
and corrupt habits, whith have led to the commission of ciime, are
usually found with the ignorant, uninformed and duller part of man-
kind. Of the 276, nearly all below mediocrity, 175 are grossly igno-
rant, and in point of education, scarcely capable of transacting the or-
dinary business of life."

Such is the universal testimony of all competent witnesses. " Poor
ignorant creatures. Sir," said a jailer to Leigh Hunt, in that phrase giv-
ing a general description of all his prisoners.

Dr. Forde was right in supposing that good public schools would
be the best remedy for the prevalent disposition to crime. A compari-
son of Scotland with Efigland and Ireland shows this very forcibly. —
Mr. H. Fielding stated "that during the number of years he pre-
sided in Bow street only six Scotchmen were ever brousrht before him;

but the greater part of the persons committed were of the sister Island,
where the natural disposiiions of the people are quite as good, but
the system of education is neither so strict nor so generally adopted as
in Scotland." Mr. Hume stated "that one quarter session for the town
of Manchester sent more felons to the plantations than all the Scotch
Judges do for ordinary in a twelve-month. " Lord Justice Clerk in an
address to the Lord Provost and Magistrates o-f Glasgow, in'1808, took
occasion to observe that the commitments for criminal oflences in Eng-
land and Wales exceed tour thousand a year, a number nearly equal to
all the commitments in Scotland since the Union." If his Lordship
was astonished at four thousand commitments in a year, for England
and Wales, we know not what opinion he would form of the present
state of crime there. We have before us the official returns of ciimin-
als for 1837, made up at the Home Department, on the last day of Jan-
uary, and as this document is not within the reach of most of our read-
ers, we give the facts bearing on this point, affixing a few years of com-
parison to show the progress of crime.

The number of persons committed, or bailed in England and
Wales was,
la 1828, 16,564. In 1832, 20,829. In 1835, 20,731.

" 1829, 18,674. " 1833, 20,072. « 1836, 20,984.

" 1830, 18,107. " 1834, 22,451. « 1837, 23,612.

" 1831, 19,647.

Giving an average for the last four yea'Ts of 21,944 commitments
in a year, — a most melancholy fact.

For a comparison between the three kingdoms, we give one year.
In 1834 there were committed or bailed.

Sente^n^ced 10 Executed.

In England and Waks, 22,451 480' 34

Ireland, 21,381 194 43

Scotland, 2,711 6 4

In Ireland, education is most neglected ; the gibbet takes account
of it. Beccaria, in 1767, predicted that the J)unishment of death would
not survive that happy period, " when knowledge, instead of igno-
rance, shall become the portion of the greater number."

'• To shew the eftect of ignorance in the "production of these
crimes, we give the degrees of instruction of offenders for 1837 : and
to prove the gratifying fact that the proportion of educated offenders
diminishes, we give the per centage of each class for 1836 and 1837:

MALE. FEMALE. 18-36. 1837.

Whole number of commitments, 19,407 4,205

Unable either to read or write, 6.6S4 1,780 33.52 35.85

Able to read and write imioerfectly, 10,147 2.150 52.33 52.08

Able to read and write well, 2J057 177 10.56 9.46

Instruction superior to mere reading & writing well. 0,98 3 0.91 0.43

Instruction could not be ascertained, ' '421 91 2.GS 2.18

Oi' all the criminal offeiiderSj therefore, be it remembered, less
than one half of one per cent, have received any education beyond
reading and writing. There were 358 offenders of twelve years or
under, and more than half of these young sinners were totally unin-
structed.

Lord Justice Clerk having noticed the inferior number of crimi-
nals in Scotland proceeds to say that, supposing his calculation to be
accurate, he calls upon us for very serious reflections, to discover the
causes of this proud inferiority.

" I think we have not far to look," says his Lordship, " for the
causes of the good order and morality of our people. The institu-
tion of parochial schools, in the manner and to the extent in which
they are established in Scotland, is, I beheve, peculiar to ourselves ;
and it is an institution, to which, however simple in its nature, and
unobtrusive in its operation, 1 am persuaded we are chiefly to ascribe
the regularity of conduct by which we are distinguished. The child
of the meanest peasant, of the lowest mechanic, in this country may,
and most of them do, receive a virtuous education from their earliest
youth. At our parochial schools, they are not only early initiated
in the principles of our holy religion, and in the soundest doctrines of
morality, but most of them receive different degrees of education in
other respects, which qualify them to earn their bread in life in vari-
ous ways ; and which, independent even of religious instruction, by
enlarging the understanding, necessarily raises a man in his own
estimation, and sets him above the mean and dirty crimes, to which
the temptation and hardships of life, might -otherwise expose him.

In twenty -two years> from 1750, there were 116 executions in the
Midland counties, and 117 in the Norfolk circuit ; and in twenty two
years, from 1749, there were 678 in London, or about thirty per ann.,
while in Scotland, as near the same period as we can ascertain, they
averaged less than four per annum.

The Scotch school system was originated by an act of King James
the sixth, of the 10th of Dec. 1616, four years before the landing of the
pilgrims, and ratified by an act of Charles the first, 1633 ; but the first
effectual provision was by an act of 1646, for the first time compelling
the assessment of a tax and payment of a master's salary, in every
parish in the kingdom, for the express purpose of educating the poor;
"a law," says the enthusiastic Scotch writer last quoted, "which
may challenge comparison with any act of legislation to be found in
the racDrds of history, whether we consider the wisdom of the ends
in view, the simplicity of the means employed, or the provisions made

to render those means effectual to their purpose." This excellent
statute, was of course, repealed on the restoration of Charles the
second, in 1660 ; but it was re-enacted in 1696, in precisely the same
terms, and is the basis of the present, the noble legacy of the Scotchish
Parliament. Its effect on national character may be considered to have
commenced about the period of the Union, 1707, and with the peace
and security arising with that event, to have produced the extraordi-
nary change in favor of industry and good morals, which the charac-
ter of the common people of Scotland has since undergone.

The school sj'-stem has not operated differently in Scotland from
its uniform effect wherever it has been tried. Holland, Prussia, and
the Pays de Vaud, the best educated countries in Europe, are also the
most moral. Prussia, which has carried her common school system
to higher perfection than any other nation, is remarkably free from
crime. For seventeen years, ending in 1834, according to the state-
ment of Herr Von Kampz, the executions in Prussia were 123 ; in
1832 and 1834, there were only two in each year, and the average
number of murders in a year was seveyi and one-third. Prussia has
a population of 13,566,897, according to the Weiman Almanac for
1837. These numbers, therefore, are much smaller in propor-
tion to the population, than in Massachusetts ; lesser crimes it is be-
lieved are proportionably rare in Prussia.

There are few beggars in Scotland — there are no poor rates in
Scotland — while in England every eighth or ninth man is a pauper,
and the poor rates for forty years has consumed some five or six mil-
lions of pounds sterling a year. In Scotland the wages of labor main-
tain the laboring classes. In England they are inadequate by an
alarming deficiency. In Scotland they ha,ve fewer crimes, and those
which occur are less malignant. In 1834 the proportions were as fol-
lows :

In England, 480 34 864 688 2.501

Scotland, 6 4 30 47 195

These are the points of difference. England saves the expense of

public schools, and the saving costs her fifty millions of dollars a year,

in courts, prisons, penal colonies and poor rates, not to reckon ruined

hopes, broken hearts, blasted characters, and the wretchedness of tens

of thousands living in shame and agony, a living death, whom free

schools would have brought up to honor and happiness, and a useful

life.

We will go into no further argument, to prove that education is
cheaper than ignorance ; and that the most rigid economy, so that it
be not stone-blind to consequences, would dictate a liberal expendi-
ture for the preservation and elevation of the public morals, and for
the exercise, developemeiit, and wholesome sustenance of the public
intellect. Nor will we waste a word upon the self-evident proposition
that our education will operate beneficially, in proportion as it is per-
fected. It must b^ perfected, and that by provi(^ing better teachers.

[^Ufprintcd cm occoimt of errors iu 9naniiscripi.\
REPORT
OE TIIE PRESIDENT AND DIRECTORS OF THE
LITERARY FUND.

To the Hondrahle the

General Assembly of North Carolina :
Gentlemen :

The President and Directors of the Literary Fund of North
Carolina, have the honor to submit the followino^ Report :

Soon after the organization of the Board on the 4th of March,
1837, they proceeded, in obedience to an act of the last session of the
General x\sgcmbly, to give to the subjects committed to their charge,
that consideration and attentldn which their importance demanded : the
draining of the swamp lands, digesting a plan for common schools, and
the disposition and investment of the funds appropriated to these ob-
jects, nlitil they could be used advantageously and with efl'ect.

Their first duty was to inquire and determine what lands were
owned by the State — entertaining the belief that large bodies had^
heen entered by individuals, and the grants ohtained thereon were
purposely withheld from registration — this inquiry could not be satis-
factorily prosecuted until after the expiration of the twelve months
allowed by the act of the last session for the registration of the grants
and deeds under which they might be held.

It was ascertained, however, that the county of Hyde did contain
a large body, the unquestioned property of the Stale, believed to bo
fertile and susceptible of draining, and on which a fair and thorough
experiment might be made. To g'ualxl against failures in a work
which had justly excited the highest hopes and expectations of the
public, and to prevent wasteful expenditures and losses by its injudi-
cious prosecution, the Board had no hesitation in deciding that they
would take no important step in relation to it, without obtaining the
aid and advice, and a supervision of a competent and skilful scientific
engineer. Public advertisement was accordingly made in various
newspapers of the United States, and Charles B. Shaw, Esq. who had
then recently been engaged in conducting works of improvement in
Yirginia, and who was highly recommended to the Board as an
engineer, was engaged at a salary of S 2,-500 per annum. His atten-
tion was first directed to the lands in Ilvdc, and he was instruotrd to

organize a corps of stirveyors and assistants, ^nd/;omtqjence tije pji;e-
paratory steps for draining.

To enable the Board to form a proper estimate of the swamp
lands, and to obtain information upon a matter which was wholly
new to most of its members, they visited early in December last, the
neighborhood of Matamuskeet Lake, where the lands had been reclaim-
ed to a considerable extent, and intended to extend their examination
to other similar improvements in the low country. TJae inclemericy
of the weather was so great that their attention was confined exclusive-
ly to the low lands in K^yde.

The immense fertility of these lands when subjected to culture,
their susceptibility ot being drained, and cultivated, and their great
value to the State, in many points of view, when so improved, have
been so often and so ably discussed for many years Jbefore the Assem-
bly and the public, ,that it would be a worthless consumptj^on of your
time to insist upon it here.

Indeed your predepessors have already de,cided this matter, an^
have resolved to give it a fair experiment; and it is presumed that all
your honorable body wishes or expects to learn from the Board, ig tq
know wfiat they have dpne. The Reports of Mr. Shaw, the engineer,
numbered 1 and 2, are with this view, herewith submitted for your
consideration ; and these, together with the journal of proceedings
kept by the Board, will afford the desired information.

The Board would beg leave to make one suggestion : — A greaX
misfortune attending the swamp lands, and one which has greatly con-
tributed to their wilderness state, is that they are held in immense
bodies by individuals who are unajble to reclaim them, and yet satisfied
with their fertility and value, are unwilling to part with them at such
prices as will enable farmers of limited means to purchase. If the
State could re^ppssess them, it would greatly facilitate its operations in
reclainjing contiguous tracts. The consideration of this matter is
deemed worthy of your attention.

Mr. Shaw having received higher inducements elsewhere hps
very recently resigaed his appointment of engineer. However much
the Board may be gratified to see an efficieni and valuable officer
receive the full reward of his servipes, they can but regret the loss of
his to the State. Irj the incipiency of this work, the Board did not
feel themselves justified in oiFering a higher salary to induce him \o
remain. Indeed he did not intimate that si^ch an offer would be
accepted, or would change his course. The work, until another com^
patent and experienced engineer can be engaged, will be left under
^he nianagenient ,qf his assistants, of whqui he speaks in high terms,

^nd ill whose ability to .discharge the .duties left with them for the
present, the Board have full confidence.

By a resolution of .the last General Assembly, it was made the
duty of this Board to ^.j^est and repprt to the General Assembl3'', a j)lan
,or system of Common Schools, adajited to the wants ^nd capacities of
Jthe State. This great subject so favorably esteemed by all, has been
,one of great anxi^ety and no little perplexity.

Information has been sought from various quarters, and through
,the politeness of the Governors of several of the States, of whom the
^avor was requested, mariy laws relative to, ^nd systems of Gommon
Schools have been received. From these and other sources of infor-
mation and aid, tli^^e Board have been enabled to comply with this re-
.quisition, and have the honor to submit for yopr' consideration a system
pr plan in the .file marked A.

The amount appropriated for the draining of the swamp lar^ds,
viz : $ 200,000, has been Ipaned out, at short credit, Xo various indivi-
,duals, and is believed to be well secured. The interest accruing on
^this su|n, from tiine to time, (exc^ept such as is neede.d for current ex-
pe:^ses) is also converted into principal and loaned out. The fund?
^^nd property placed under the control of this Board, consist of the
/oUowing items : $ 1,000^000 in the stock of the Bank of the State and
<G?LpeFear; to which has been added by the Board $20,700, making
■^ 1,Q20,700, The income arising from .the operations of .the Board of
Internal Improvements, from $ 32,500, stock in the Cape Fear Navi-
.^ation Company, $ 25,000 in Roanoke Navigation Company, land en-
tries, licences to retailers of spirituous liquors and auctioneers, tax on
.the Banks, on loans $ 274,163, and all the swamp lands not heretofore
.granted to individuals and cash on hand $ 38,643 24 cents. The
amount derived from these various soijrces, including $ 3,130 20 cents
,pf divide^id of capital of the old Banks of the State and Newbern since
April 1837, is $110,757 34 cents, $11,358 4 cents of which have
^been jeceived since the Public Treasurer made up his account. The
.annexed account will more readily .&hew the same, l^he amount of
interest received by the Board on loans, it will be seen as $ 30,509 32
,ceq,ts, which woul^d have been .considerably increased, but for the ne-
cessity of the Public Treasurer's using a considerable /imount of the
funds to meet the current ^expenses of the Government, until tj^e ta^es
.of the present year were received.

All which is most respectfully submijtted.

EDWARD B. DUDLEY,

President ex officio.
Executive Department, }
December 4. 1S3S. ^

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LEGISLATURE OP NORTH CAROLINA,

Raleigh, November, 1838.

*.* ' ' ' ^ ''' ' ^ ' ' ' ' ' ' ' H I I I I I I I I I I I I I M I t M I I I I I I I I I I I I I M M M H-»»4-

HOUSE OP COMMONS.

RESOLUTIONS.

I. Resolved, That each of the United States being a party to the

2 national compact, possess an interest in the Pubhc Land, propor-

3 tioned to the Federal population of each, or in the terms of the

4 compact — according to the usual respective proportions of the

5 general charge and expenditure.

II. Resolved, That those States in whose favor Congress has not

2 made appropriations of the Public Domain for the purposes of

3 Education, are entitled to such appropriations, as will correspond

4 in a just proportion with those heretofore made in behalf of other

5 States.

III. Resolvedy That cnir Senatoi-s and Representatives in the

2 Congress of the United States, be requested to urge the claims oi

3 the State of North Carolina to her portion of the Public Lands ;

4 and that the same when obtained be applied to the establishment

5 and support of Common Schools ; and the promotion and diffusfon

6 of Education throughout the State.

LEGISLATURE OF NORTH CAROLINA:
Raleigh, Decembers, 1838.

SENATE.

RESOLUTIONS.

I. Resolvedj By the General Assembly of North Carolina, that it is

2 expedient so to amend the 1st and 2d sections of the 1st arti-

3 cle of the amendments to the Constitution as to restore to the people

4 the right of choosing annually the members of the Senate and of

5 the House of Commons.

II. Resolved, That a Select Committee of members be appoint-

2 ed to report a bill agreeably to the provisions of the Constitution, to

3 carry into effect the foregoing resolution.

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LEGISLATURE OP NORTH CAROLINA.

Raleigh, December 3, 1838.

■j_t..|-f ^■^ I I I I I |i ( I I I I I I 11 I ! I I M I I I I I I I I I I I 1 H I I I » I I I -t I I'-t-H-h-t-H-f-H--!-^

SENATi:.
PREAMBLE AND RESOLUTIONS.

1. Whereas the exchanges and the currency of the country are

2 much deranged, and it is indispensable for the general prosperity,

3 that this state of things should be speedily corrected, and the

4 industry of the country placed upon that steady and permanent

5 footing, that hereafter its exertions may not be periodically para-

6 lyzed in any way by the action of the Federal Government ; and,

7 whereas there are conflicting opinions among the people of the

8 State of North Carolina upon the subject of a National Bank

9 and upon the policy of an independent treasury, under the ex-
10 elusive control of the Federal Executive, therefore,

II. Resolved hy the General Assembly of North Carolina^

2 That it would eminently conduce to the prosperity of the people

3 of the United States, and tend much for the future to withdraw

4 the business of the country from those entangling alliances with

5 national politics, which have been found injurious to both, that

6 the Congress of the United States should charter three separate

7 distinct and independent Banks, to be located with their branches,

8 in the three great sections of the Union, North, South and West,

III. And be it further Resolved, That in the opinion of this

2 Assembly, the united capitals of these banks should not exceed

3 fifly millions of dollars, to be distributed in such portions to

4 the diflferent sections of the Union as to Congress might seem just
5 and proper.

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LEGISLATURE OF NORTH CAROLLXA.

Raleigh, December, 1S3S.

■H-f-M-M-i-

HOUSE OF COMMONS.
PREAMBLE AND RESOLUTIONS.

I. Whereas, we believe that a great crisis has arrived in the pohti-

2 cal history of our country, on the issue of which, we conceive tlie

3 safety of our free institutions to depend, — and whereas, wo consider

4 it our boundendaty, as the representatives of the Freemen ot North

5 CaroUna, to express in cahii, and dispassionate language, our opin-

6 ions on the great questions, which have been for some time and

7 some of which still are agitating the public mind :

I. Resolved therefore, That this General Assembly do condemn in

2 the most decided manner, that act of the Senate of the United States

3 expunging the records of that body, as a palpable violation of the

4 plain letter of the Constitution, and as an act of party servility cal-
5 culated to degrade the character of the Senate.

II. Resolved, That resolutions ought to be passed by the Senate of

2 the United States, condemnatory of that act, and rescinding the re-

3 solutions authorising it to be done*

III. Resolved, That this General Assembly do condemn the sub-
2 treasury system, which this administration is endeavoring to oslab-
"4 lishj as another item in that series of fatal experiments, ol this andS

4 tlie past administration, which are the main source of that derange-

5 niiiut ill the currency, and prostration of commercial credit, which
G haA'-e been so severely fi^lt of late, in every branch of industry— and

7 which if suffered to become a law, will, by its tendency to augment

8 executive power, to unite the purse and the sword in the hands of

9 the executive, and to destroy the credit system, by the exaction of

10 specie in the Government dues, ultimately change the real charac-

11 tcr of our Government, and place in peril the liberties of our country.
lY. Resolved, That we consider the public lands of the United

2 States, as the common property of all the States, and that we there-

3 fore condemn the late act of Congress, allowing settlers on the pub-

4 lie lands the right of pre-emption at the minimum price, as an act
3 of gross injustice to the old States, who originally ceded them, or

6 who contributed to a common fund for their purchase.

V. Resolved, That we believe that the proper and equitable dispo-

2 sition of the public domain, is, to divide the proceeds arising from

3 their sales, among the several States of the Union, according to the

4 ratio of their Federal population.

VI. Resolved, That we do most solemnly protest, against the waste-

2 ful extravagance of the present administration, and their profligate

3 expenditure of the public money, which'not only creates a demand

4 for heavy taxation, in order to meet the exorbitant appropriations of

5 the General Government, but which tends to the corruption of pub-

6 lie morals and the degradation of the national character,

VII. Resolved, That the power and patronage of the executive de-

2 partmcnt of the Federal Government, have increased to an alarming

3 extent, and ought to be diminished.

Ylil. Rcadvcd, That our Senators in Congress, will represent the

2 wislies of a majority of the people of this State, by voting to carry

3 out the foregoing resolutions.

IX.. Resolved, That the Governor of this State be requested to for-

2 ward a copy of these resolotions to each of our Senators in Con-

3 gress, with a request that they lay them before the Senate of the

4 United States— and one to each of the Governors of the sever^

5 States of the Union, with a request, that they lay them before their

6 respective Legislatures.

LEGISLATURE OF NORTH CAROLINA.

Raleigh, December, 1838.

++++ -I .| I I I I I I I I I I M I I I I M I I I I I I I I I I I I I I I I I I I I I I M I M I t ) 1 f I'l I » M'

HOUSE OF COMMONS.

RESOLUTIONS.

I. Resolved, That any act of Congress giving the Pubhc

2 Lands to the States in which they lie, would be violating the

3 rights of the old States and the spirit of the Constitution.

II. Resolved further, Tkat any act ol Congress setting apart

2 the proceeds of the sales of the Public Lands for distribution

3 among the States, must necessarily compel the General Govern-

4 raent to raise the whole amount of its revenues from sources

5 which would bear hearily upon the people.

III. Resolved further, That it is a violation of the principles

2 of a free Government, to set agents over the people to collect

3 directly or indirectly, their money, to be dealt out again to them

4 at the mercy of Executive or Legislative authority.

IV. Resolved further, That the best interests of the Union

2 require that no more revenue should be collected from the people

3 than is absolutely necessary to defray the expenditures of an eco-

4 nomical administration of the General Government.

V. Resolved, That the Governor of this State be, and he is

2 hereby requested, to transmit copies of these Resolutions to each

3 of our Senators and Representatives in the Congress of the United

4 States.

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LEGISLATURE OF NORTH CAROLINA.

Raleigh, December, 1838.

SENATE.

OF THE JUDICIARY COMMITTEE, RELATIVE TO WEAR-
ING ARMS CONCEALED ABOUT THE PERSON OF
INDIVIDUALS.

The Committee on the Judiciary have had before them the Reso-
lution relative to "wearing arms concealed about the person of individ--
uals," and report the accompanying Bill .

JAS. T. MOREHEAD, Chairman.

Dec. 22nd.
A BILL to suppress the practice of iveariiig arins concealed about

the person of individuals^

I. Be it enacted by the General Assembly of the State of North

2 Carolina^ and it is hereby enacted by the authority of the same^

3 That when any persortshall commit any unlawful assault, hrr^

4 wounding with any pistol, dirk, dagger, knife, or other weaj on, v. I c.

5 ever — (such pistol, dirk, dagger, knife, or other weapon, not iiaving
0 been before and at the time of such assault, battery, of wounding, by

7 such person openly worn, exposed, or exhibited) — the party so offend-

8 ing, being thereof convicted by verdict, confessionj or otherwise, ac-
0 cording to law, shall, besides such fine as the Court may think propeif

10 to impose, be imprisoned not less than six calendar months. a)id find

11 security for his good beli'aviorj in sucli sum as the Court may direct^

12 for any term of not less than three nor more than seven years.

II. Atid be it further enacted, hy the authority aforesaid, That

2 when any person or persons shall shoot, stab^ or thrust any person or

3 persons, that hath not then any weapon drawrl, or that hath not then

4 first stricken, the party which shall s6 shoot, stab, or thrust, so that the

5 pierson or persons so shot, stabbed, or thrust, shall thereof die withiii

6 a year and a day, then next following, the party so offending being

7 thereof convicted, by verdict, confessi6H, or otherwise, according to

8 law, shall be excluded from the benefit of clergy and suffer death

9 as in case of wilful murder : Provided, always, That nothing

10 herein contained shall extend to cases of self-defence^ misfortune, or

11 in any other manner than as a aforesaid ; nor to any person who

12 shall commit manslaughter in preserving the peace, or chastising or

13 correcting his child, pupil, slave, or servant.

III. And be it further enacted^ That this act shall be in force
% from and after the first day of April next, and not sooner.-

LEGISLATURE OF NORTH CAROLINA:

Raleigh, December, 1838.

SENATE.

OF THE COMMITTEE ON EDUCATION.

The Committee on Education and the Literary Fund, respectful-
ly Report :

That they have had under consideration the resolutions instruct-
ing them to inquire into the expediency of estabUshing Common
Sohools in every County of the State, and to report some plan by
which the system can be put into operation. The subject is one of
great importance, and one in which a deep interest is felt by every
class of the community throughout the State.

The firs.t inquiry which presented itself was the state of the
finances of the Literary Fund, and whethei the annual revenue of
the same was sufficient to establish a general system of Common
Schools, and keep the same in successful operation ; your Committee
find, upon examination of the Report of the President and Directors of the
Literary Board, that the whole amount oi the Literary Fund, in stocks,
swamp lands, and other sources, is $1,732,485 ; of this sum $600,000
is vested in the Wilmington and Raleigh Rail Road, and is as yet un-
productive capital, and will continue so until the Road is completed.
Its value then will depend upon circumstances, such as the amount of
travel, transportation of produce, (fee. and consequently, there is no cer-
tain data by which your Committee can form any correct estimate
of its probable income. Those best acquainted with the Road, the
travel, etc., estimate, with great confidence, a dividend of G per cent.

pQr aftniini. The aftnital income of the Literary Fund, exclusive of
ihe $0.00,000 vested in the Rcail Road, is $75,000. This sum is iwsuf-
ficient to establish Common Schools throughout the State, and siipport
the n without aid from other sourcfes:

The President and Directors of the Literary Board, Estimate that
the area of North Carolina is " 45,000 square miles of inhabited terri-
tdry. If this area were divided into Common School Districts, 6 miles
square, or as nearly so as the nature of the country will admit, the State
will contain 1250 Districts." The interest of the Literary r*und of
course is entirely inadequate, at present, to support a school in each
district. It is a matter of serious doubt, whether it is advisable, that-
the fund should be sufficient for this purpose. Anxious as all persons
may be to see some plan devised, by which all classes may reap the
advantas^es of a common education, it is all important, that any systeni*
which may be adopted, should prove successful and lasting. , Many of
our sister States are far in advance of us upon this subject, and whilst
it is said to be a rare thing to meet with a boy 12 years of age in the
Northern States, who camiot read and write, it is to be regretted that
nearly every tenth man in North Carolina, is unable either to read or
write, and in many counties of the State the proportion is much greater.
Common Schools having had so desirable and salutary an effect in the"
Northern States, it is a matter of some consequence to inquire into the
plan upon which they are established, and the practical effects.

In New- York, the Literary Fund pays one-tenth of the sum
tfeeessary to keep up a Common School in each school district. " The
number of scholars at her Common Schools is about 500,000. The
amount expended for teachers, books, <fcc. is $1,061,500."

In Massachusetts, the school fund pays about one half the sum
necessary to defray the expenses of her common schools, and the re-
maining half is raised by taxation. In Connecticut, the whole expense'
is defrayed from the Literary flind.- The common schools of New-
York and Mcissachusetts are considered to be in a more flourishin'g
and prosperous state than any others, and in those States where the
whole expense is paid by the Literary fund, they do not succeed so
well. All persons who have devoted much of their time and attention
to this important subject, and have witnessed the practical effects of the
different systems in different States, have settled down upon the con-
clusion that the system succeeds best in those States where the schools
have been established by a combination of public fund and taxation.
Your Committee having become satisfied Of the truth of this fact, and
finding the revenue from the Literary Fund insufficient to establish a
general system, even- if the same were desirable, next turned their at-

tention to the manner in v\ hich the balance of the fund, necessary to
establish common schools, could be raised so as to be practicable, and
at the same time acceptable to the whole State.

For this purpose your Committee recommend that the county
courts of the several counties in the State, shail appoint a committee
to be called the School Committee. That this committee when thus
appointed, shall proceed to lay oif and divide their respective counties
into school districts, not less than six miles square, but as near that size
as the nature of the country will conveniently admit — that said com-
mittee shall report to the next succeeding court, after their appoint-
ment, the divisions they have made, setting forth the natural bounda-
ries of said district, as well as they can, which report shall be recorded
in the Register's office of the county where the report is made. Your
Committee recommend further, that an election shall beheld at each
of the usual election grounds in every county of the State, at which
elections, every person who is entitled to vote for a member of th e
House of Commons, shall be entitled to a vote. The object of the
election shall be to ascertain whether the different counties are willing
to raise, by tax on the real estate and polls in this county, a sum suffi-
cient to establish a common school in each district into which the
school committee may have divided the county ; upon condition that the
Treasurer of the Literary Fund, furnish to each of said districts, the
sum of one hundred dollars per annum. The amount thus to be
raised, will be a light and moderate tax, compared to its importance.
# Your committee think they can say with safety, that each district,
into which the counties may be divided as above recommended, can
receive the sum of one hundred dollars per annum from the Literary
Fund, and if the stock of the Wilmington and Raleigh, Rail Road,
should yield a dividend of 6 per cent in the course of a few years, the
Literary Fund will be able to furnish $ 125 or $ 150 per annum to
each district, and even a larger sum, if the operation of draining the
swamp lands should prove successful; with these inducements held out^
it is hoped that every county in the State will laudably undertake to
raise the balance of the sum necessary, to establish a school in every
district. The money thus raised, to be appropriated for schools in the
county where it is raised, and not elsewhere. In order to determine
at said elections, whether the county will undertake to raise the neces-
sary sum, those who are in favor of the schools upon the terms pre-
scribed, shall vote a ticket with the words " a school." Those opposed
to it, shall vote "no school." If upon comparison of all the votes ta-
ken in any county, it shall be found, that a majority of all the votes
taken in the county are in favor of a school, it shall be the duty of the
school committee, to certify the same to the President of the literary

Board; also to certify to him the number of school districts in said
county. And it shall be the duty of said committee, to ascertain as
nearly as they can, the probable cost of erecting a school house in each
district, and of employing a teacher, and report the same to the county
court, who shall proceed to lay an additional tax on the land and
polls, sufficient to raise the sum necessary to defray the expenses of
building the school houses and employing teachers, over and above
the sum receceived from the Literary Fund.

Your committee would be anxious to see some plan devised, by
which the system of conunon schools, could at once be generally
adopted, but they deem it entirely impracticable to do more than to
ascertain the will of the peqple, as to their readiness to submit to the
small tax necessary to afford common school instruction to all the chil-
dren of the State. The subject addresses itself with great force to the
consideration of the virtuous, the intelligent, and the wealthy. To the
virtuous, who know that ignorance and vice generally accompany
each other, and the only affectual method of reclaiming the vicious
is by operating upon the mind, and that in the houses of thousands
now in North Carolina are to be found, children of all ages, from in-
fancy to manhood, who are in the most perfect state of ignorance. and
vice, and who never have teen and perhiips never may be able to read
the first sentence in the Bible. Are you willing to contribute a small
sum from your superfluities, perhaps your superabundance to rescue the
children of your indigent neighbors from ignorance, misery, and
vice ? Those who have mixed much with the people of our State,
know that there is an average of nearly one half in every county of
the State, who have received no education, and who are as yet unpro-
vided with the means of learning, even to read and write, are you not
willing, not only to contribute yourselves, but to stir up your neigh-
bors to the importance of the matter, and get their consent to pay this
small tax ?

To the intelligent, those wJio have had the advantages of educa-
tion, who know that mind constitutes the great, perhaps in reality, the
only difference between man and the brute creation, we feel assured
the appeal will pot be made in vain. It behooves all such, not only to
aid by their small mites the scheme of attempting to confer the bene-
fits of a common school education, upon their neighbors, but to press
its importance upon all, Without some system of education, which
can diffuse its blessings among all classes, and elevate the minds of the
poorer class of our citizens. North Carolina never can assume that rank
and standing among her sister states in the Union, to which she is just-
ly entitled.

To the wealthy, a more important consideration addresses itself.
Ours is a cjovernment of the people. The majority rule and control in
all elections. It is right that it should be so. But it is important at
the same time, that this majority should be an intelligent one, and one
capable of forming correct conclusions. How can this majority be in-
telligent without education? How are they to be educated without
funds to establish schools ? Too indigent themselves to furnish the
means — the fund which has been get apart by the State, being insuffi-
cient, to what other source can we turn but to you ? We propose to
leave it to your sound discretion, to say whether you will be willing
to contribute a small pittance from your abundance, to educate and en-
lighten your neighbors a^id your neighbor's children, who have not
been so blessed with the goods of this world ; those, too, who have a
controlling influence in making the laws, that regulates and governs
the very wealth which you prize so highly. Can you employ more
easily a small sum from your abundance, than in diffusing intelligence
amongst the ignorant, who have so important an influence over your
pjoperty, thereby reclaiming the vicious, bringing from obscurity many
a youth who perhaps may be an ornament to his country, but who
without your means may be in obscurity forever, and in cementing and
strengthening their attachment to their country and its institutions?
These considerations and others without number, induce j^our commit-
tee to hope that the plan which they recommend may be acceptable to
a majority of the people of the State.

A spirit of improvement and of education is abroad in the land.
Both are important to North Carolina — perhaps it is difficult to decide
which is of paramount import?\nce, and which should be first attempt-
ed, if only one can succeed. Your Committee feel confident, that the
attention of the people is directed, with much earnestness to the subject
of education, by common schools ; they have long heard that a fund
had been set apart for that purpose. They have heard this until they
begin to look upon it as a mere humbug to deceive and gull them out of
their votes.1 Your Committee insist that this Literary Fund should not
be appropriated to any other purpose, until the matter has been sub-
mitted to the people, and their decision is heard, whether they mil
have a system of Common Schools upon the terms proposed. If they
reject it, it will then be time to talk of some other disposition of the
Literary Fund ; but until then, your Committee protest against apply-
ing the Literary Fund to internal improvements, or any other subject.

Your Committee are aware of the importance of teachers who
are qualified to instruct, and the difficulty under which the State will
labor in procuring a number sufficient to furnish each school district in
the State, if the system is adopted. In fact, it is one of the greatest

difficulties under which those States labor, where the system has been
for years in operation. It is idle to talk of every man who can read
and write, being qualified to teach and instruct. It requires study and
experience to succeed in any other occupation or profession. No me-
chanic could be employed who had never served at his trade, and is a
man, by intuition, prepared to discharge that most important of all du-
ties, to train properly the minds of our children ? We know too, that
it is an axiom of political writers, that much is gained by division of la-
bor. He then who is trained to any one subject, must be best qualified
to discharge the duties pertaining to that subject. A teacher, who has
been properly qualified to instruct, would impart more instruction, and
with more ease, in three months, than one not qualified could do in
twelve months. It is important, then, that some step should be taken
for the purpose of educating teachers for the Common Schools, so
soon as it is ascertained that the system for Common Schools, has
been adopted, if fortunately it should be adopted by the people.
For this purpose your Committee would recommend that the President
and Directors of the Ijiterary Board shall be authorised to make such
arransrements at the different academies in the State for the education
of young men, out ot the Literary fund, to be employed as teachers of
Common Schools, as they may deem most advisable ; or, if they find it
impracticable to succeed in this method, that they be directed to digest
some plan for the education of Teachers of Common Schools, to be
submitted to the next Legislature.

Your Committee recommend the passage of the following Bill, and
ask to be discharged from the further consideration of the subject.

WM. W. CHERRY, Chairman.

TO DIVIDE THE COUNTIES INTO SCHOOL DISTRICTS,
AND FOR OTHER PURPOSES.
I. Be it enacted hy the General Assembly of the State of North

2 Carolina, and it is hereby enacted by the authority of the saine,

3 That the several Courts of Pleas and duarter Sessions in each

4 County of the State of North Carolina, shall, at the first Court

5 which may happen in their respective Counties after the 1st day of

6 May next, a majority of the Justices of such County being present,

7 proceed to elect five discreet persons as a School Cornmittee for

S such Coiiiity, arid in such election it shall be necessary for a choice,
9 that each, of the persons elected, shall receive a majority of the votes
10 of all the Justices present.

II. Be it further enacted^ That said School Committee, after

2 being thus elected, sheill proceed as shortly thereafter as convenient,

3 to divide their respective Counties into School Districts foi* the

4 purpose of establishing Common Schools : Provided, in laying off

5 such School Districts, no District shall be less than six miles

6 square, or as near that size as the nature of the Cotmty vV'ill conve-

7 niently admit.

III. Be it further cn^fc/ec?, That said Cotomitfee shall make a

2 return of their divisions, and the number of School Districts into

3 which they have divided their Counties, to the riext County Court

4 that miaty, b6 held after their appointment, and it shall be the duty of

5 said Committee, iri making their return, to designate as well as they

6 may, tlie natural boundaries and prominent objects of the boundary

7 of each of said Districts, and it shall be the duty of said Court

8 to cause such return to be recorded in the Registers' office of said

9 County.

IV. Be it further enacted, That if any person who shiU be thus ap^

2 pointed to serve on said School Committee shall refuse or neglect to

3 do so, he shall forfeit and pay the sum of one hundred dollars, to be

4 recovered by action of debt in any Court' of record in the State, and

5 such penalty there recovered to be paid over to the President and

6 Directors of the Literary Fund, and to be appropriated to the Lite-

7 rary Fund. And it shall be the duty of the County Attorney for

8 the State, to prosecute suit in' all such cases for and on behalf of the

9 President rmd Directors of the Literary Board.

8
V. Be it further enacted^ That it shall be the duty of tiie Sher-

2 iffs of the several Counties of this State, when they advertise the

3 next August elections, to give notice at the same time by public

4 advertisement, in every election precinct, that an election will be

5 held to ascertain the voice of the people upon the subject of Com-

6 mon Schools — and all who are in favor of raising by taxation a

7 sum sufficient to establish a Common School in each School Dis-

8 trict, after receiving one hundred dollars per annum from the Liter-

9 ary Board, will deposite their vote with the word " School " written

10 on it — those opposed to it, will write "no School " upon their ticket.

11 And it shall be the duty of the Poll keepers to count the votes given

12 at each precinct for School or no School, and to return the same

13 to the Sheriff, who shall count together all the votes, and if a ma-

14 jority shall be found in favor of Schools, it shall be the duty of the

15 Sheriff to furnish a certificate of the same to the School Committee

16 of his County, and any Sheriff" failing to comply with the requisites

17 of this act, shall suffer all the penalties imposed by law for failing to

18 discharge his duty in any election for members of Assembly.

YI. Be it further enacted^ That in any County where a majority

2 of the votes have been for Common Schools, and a certificate of the

3 same has been furnished by the Sheriff* to the School Committee, it

4 shall be the duty of the School Committee to transmit the same, with

5 a certificate of the number of School Districts in their respective

6 Counties to the President of the Literary Board.

VII. Be it further enacted^ That if any of the Counties in this

2 State shall adopt the plan, and the same shall be so certified by the

3 School Committee to the President of the Literary Board, it shall

4 be the duty of the President and Directors of said Board to make

5 report of the same to the next General Assembly, and to submit

6 some plan for carrying the whole into execution, so far as it may be

7 adopted, and for Schools to educate teachers for the same.

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