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Domestic News
December 19, 1821
The Hillsborough Recorder
Hillsboro, Orange County, North Carolina
What is this article about?
Detailed proceedings of the North Carolina Legislature (Senate and House of Commons) from November 29 to December 13, 1821, including bill presentations, resolutions, elections for governor (Gabriel Holmes elected), treasurer, printer, and other officials, committee reports, and debates on laws, banks, courts, and state affairs.
Merged-components note: These components collectively form the full report on the proceedings of the North Carolina Legislature (Senate and House of Commons), starting on page 4, continued on page 2 ('Continued from fourth page'), and further continued on page 3; the table is embedded ballot results within the report.
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Legislature of North Carolina.
SENATE.
Thursday, November 29.
On motion of Mr. Welborn, the committee on Cherokee lands, were instructed to inquire into the expediency of allowing a reasonable per cent. on payments made in advance for lands.
The following bills were presented.
By Mr. Campbell, of Iredell, a bill concerning debts within the jurisdiction of a justice of peace, out of court. Referred to the judiciary committee.
By Mr. Campbell, of New Hanover, a bill to prevent the hauling of seines between the New Inlet, near the mouth of Cape Fear river, and the Bar and Bogue Inlet.
Mr. Blood, a bill to amend an act passed last session, granting further time to perfect titles to lands.
Mr. Wade, a bill to authorise the county courts to appoint a committee of finance to settle with their officers.
Mr. Deberry, a bill to amend an act passed in 1815, to authorise the county court of Montgomery to appoint a committee of finance.
These bills passed their first reading.
On motion of Mr. Graves, the judiciary committee was instructed to inquire into the expediency of passing an act requiring that the courts of justice shall, at each term, first take up and dispose of all cases on the state docket, before they proceed to other causes.
Friday, November 30.
The bill to repeal an act passed last session to provide for the payment of costs when a slave is convicted of a capital crime, was rejected on its 2d reading.
Mr. Williamson presented a bill to increase the number of jurors in the superior courts of the County of Lincoln, which passed its first reading.
Saturday, December 1.
The following bills were presented:
By Mr. Gentry, a bill making the affirmation of the people called Dunkards evidence in criminal cases.
Mr. Person, a bill to prevent frauds in the conveyance of property.
Mr. Hyman, a bill to amend an act passed in 1784, to prevent the exportation of unmerchantable commodities.
The first bill passed its first reading, the other two were referred.
Mr. Seawell, from the judiciary committee, to whom was referred the bill for the further suppression of vice and immorality, reported against the passage of the bill; which report was concurred with, 54 to 4.
The bill for annexing a part of Bladen county to Columbus, was read the 3d time and passed.
Monday, December 3.
The following were presented:
By Mr. Huckabee, a bill to compel executors to give security in future.
Mr. Gavin, a bill to establish Clinton Academy, in Sampson county.
Which bills passed their first reading.
On motion of Mr. Wade,
Resolved, by the Senate and House of Commons, That the public treasurer of this state be requested to lay before this general assembly, a statement of all such information as he is authorized by law to receive from the officers of the State Bank of North Carolina; and from the officers of the Banks of Newbern and Cape-Fear, so far as respects the amount of their capital stock, and of the debts due to the same; of the moneys deposited therein; of their notes in circulation, and of their cash in hand.
On motion of Mr. Bryan, the following resolution was adopted:
Whereas, the state of North Carolina is greatly interested in the State Bank, and a more intimate knowledge of its affairs would at times be useful to the community: therefore, be it resolved, that a joint select committee be appointed to inquire with the stockholders of said Bank on the propriety of so amending its charter, that the power of electing such number of directors as the state may be fairly entitled to, be vested in the general assembly; and that it be made the duty of the said bank directors to report to the general assembly annually, the amount of the debts due to said bank by each of the directors of said bank and its branches, where the sum shall exceed $5000: and whether such directors, whose debt exceeds the said amount of $5000, have paid such installments as have been taxed and paid by other dealers with the bank.
Messrs. Bryan, Wade, Ruffin, Miller and Poole, of the senate; and Messrs. Fisher, Hunter, Alston, M'Dowell and Martin, of the commons, were appointed a committee, in pursuance of said resolution.
Mr. M'Leary, from the balloting committee for brigadier general of the 5th brigade, reported that John Alston was duly elected.
On motion of Mr. Leonard, the following resolution was adopted:
Whereas, the present regulation for holding the Superior Courts of the 5th Judicial District, amounts to a denial of justice in several of the counties embraced in said circuit: Resolved, that a select joint committee, consisting of the members from the counties composing the 5th Judicial Circuit, be required to examine into the expediency of redressing the grievances under which the quantities of New-Hanover, Columbus
and Brunswick labour, and report by bill or otherwise.
Tuesday, December 4.
Mr. Bryan, from the committee to whom was referred a bill to amend an act to prevent the exportation of unmerchantable commodities, reported that the bill ought to pass. It passed its first reading.
The balloting committee for a governor, reported that the votes were as follows:
Gabriel Holmes 60
Hutchins G. Burton 49
James Mebane 41
Joseph H. Bryan 33
No person having a majority of votes, another balloting was ordered.
On motion of Mr. Seawell, the following resolution was adopted:
Resolved, That it be referred to the committee of finance, to inquire what amount of taxation is expedient to be imposed on every tenement upon which any banking operations shall be carried, which are not authorized by a charter from the legislature of this state.
The balloting committee for a governor, reported that the votes were as follows:
Holmes 65
Burton 49
Mebane 44
Bryan 24
No person having a majority, another balloting was ordered.
The bill to compel executors to give security, was on its 2d reading, indefinitely postponed.
Mr. Seawell presented the petition of James Farrier, praying to be absolved from forfeitures incurred by a judgment of Johnston superior court for having sent a note to a person, which was considered as a challenge.
The balloting committee for a governor reported as follows:
No person having a majority of votes, another election was ordered to take place to-morrow.
Wednesday, December 5.
Dawn E. Sumner, a member from Hertford county, elected in the place of Boon Felton, dec. appeared and took his seat.
The balloting committee for governor, reported the following as the state of the votes (the name of gen. J. H. Bryan being withdrawn.) on the 4th balloting:
Holmes 79
Burton 52
Mebane 51
No person having a majority another balloting was ordered.
On motion of Mr. Vanhook, a resolution was passed instructing the committee of claims to inquire into the expediency of allowing George Williamson, sheriff of Caswell, such sums of money as may be due him for insolvent taxables for 1817, 18 and 19.
The balloting committee for governor, reported the following as the result of the 5th balloting:
Holmes 85
Mebane 51
Burton 48
No election having taken place, a further balloting was ordered to-morrow.
Thursday, December 6.
Three ballotings took place to-day for governor. In the first, Holmes had 85 votes, Mebane 59 and Burton 35. In the 2d, Holmes had 92, Mebane 60, Burton 49. In the last, Holmes had 100 votes, Mebane 65, and Burton 13. (Gen. Gabriel Holmes having a majority, was declared duly elected.
The following bills were presented:
By Mr. Seawell, a bill in addition to sundry acts passed for the government of the city of Raleigh;
Mr. Bryan a bill to repeal an act passed in 1821, to amend an act passed in 1793, making compensation to the owners of outlawed and executed slaves for the counties of Bladen, Halifax, Granville, Cumberland, Perquimons, Beaufort and Pitt, as far as respects Chatham county;
Mr. Murr, a bill to incorporate Midway meeting house, on the lands of the Rev. Charles A. Hollis in Franklin county, and also a bill more effectually to compel payment to the said meeting house therein mentioned, of moneys by them collected, or received by virtue or under colour of their office;
Mr. Campbell, a bill to alter the manner of appointing commissioners of the pilotage and navigation of Cape Fear river;
Mr. Williamson, a bill to incorporate the Lincoln Female Academy; and
Mr. Daniel, a bill providing further punishment for harbouring or maintaining runaway slaves. Which bills passed their first reading.
On motion of Mr. Blood, the committee on internal improvements, were instructed to inquire into the expediency of appropriating a sufficient sum of money for the purpose of purchasing the interest of the present proprietors of the turnpikes in Buncombe county.
On motion of Mr. Hatch, the judiciary committee were instructed to inquire into the expediency of amending the laws relative to runaway slaves, so far as respects the outlawry of such slaves.
Several bills received their second and third readings.
HOUSE OF COMMONS.
Thursday, Nov. 29.
The following bills were presented,
Mr. A. M'Neil, a bill fixing the price hereafter to be paid to the state for vacant lands;
Mr. Love, a bill to repeal an act passed last session to provide for the payment of costs when a slave is convicted of a capital crime; and Mr. Durgan a bill of the same title.
Mr. Alston, a bill to extend the time for registration of grants, &c.
Mr. Strange, a bill for the better regulation of the town of Fayetteville;
Mr. Webb, a bill concerning orphans;
Mr. Hawks a bill to amend an act passed in 1798, for the further regulation of the town of Newbern.
These bills passed their first reading.
On motion of Mr. Sneed, of Granville,
Resolved. That the judiciary committee be instructed to inquire into the expediency of altering the time of holding the supreme court, so that one term shall be held during the sitting of the legislature.
Mr. M'Neil from the balloting committee for a Comptroller, reported that no person in nomination has a majority of votes. The votes were as follows:
Joseph Hawkins 86
Thomas Turner 24
William J. Cowan 2
John Hogg 15
James Poindexter 13
Thomas Spencer 11
Pleasant Henderson 7
The house proceeded on 2d ballot, when the votes stood thus:
Joseph Hawkins 104
Thomas Turner 20
William J. Cowan
James Parks 10
John Hogg 7
Thomas Spencer 1
Pleasant Henderson
Mr. Hawkins having a majority of the votes was declared duly elected.
Friday, November 30.
Mr. Strange reported the bill to amend the first section of an act of 1815, concerning the navigation of Cape Fear river, with amendments, which were concurred in and the bill read the second time.
The following petitions were presented:
By Mr. Fisher, the petition of Henry W. Conner, of Lincoln, praying a divorce;
Mr. Clemens, the petition of John Jarrott, praying release from a mortgage fine;
Mr. Fisher, the petition of William H. Kerr, praying to have a fine remitted;
Mr. John Hill, the petition of Lewis Waggoner, of Stokes, praying to have certain costs refunded;
Mr. James, the petition of M. W. M'Kinrey, praying for a land warrant.
Mr. Slade, the petition of Ga. Hummot, praying for a land warrant.
These petitions were referred.
The following bills were presented:
By Mr. M'Leod, a bill to amend and explain an act to prevent burning the woods;
Mr. Slade, a bill to alter the time of holding the superior court of Martin county;
Mr. Moorehead, a bill to alter the act of 1715, respecting usury
These bills passed their first readings -the latter one was ordered to print.
The house adopted a resolution, on motion of Mr. Stanly, under a similar resolution wherein any is claimed, to be read three times.
The judiciary committee were instructed to inquire into the expediency of so altering the law of outlaw, as to prevent issuing of executions for more than five cents costs upon judgment rendered by it.
The bill to repeal the act of last session, providing for the payment of costs, when a slave is convicted of a capital crime, was read the second time; when Mr. Williams moved to postpone it indefinitely, and stated his reasons. The motion was disagreed to.
The bill passed its second reading, 76 to 46.
Saturday, December 1.
Mr. Bateman presented a bill to repeal part of the act of 1819, regulating certain fisheries, &c.
Mr. Strange presented a bill to repeal an act of last session concerning the marriage of infant females. Each read the first time.
The bill to explain and amend the act to prevent the burning the woods, was read the second time and rejected.
The bill respecting orphans, and the bill to extend the time for registering grants, &c.-each passed their second readings.
A report from B. Daniel, adjutant general of this state, was received and read. The number of militia of the state agreeably to the returns received, is 41,873-But the adjutant general is conscious that there is great incorrectness in the returns, as the census of 1820 gives us 66,000 men between the ages of 18 and 45.
The bill was read proposing to reduce the price of vacant lands from ten to five cents. The reduction was opposed by
Mr. Stanly, and was advocated by Mr. Henry, M'Neil and B. Collins, the latter of whom called for the yeas and nays.
The house refused to reduce the price by a vote of 72 to 47, and rejected the bill. So the price remains at 10 cents.
Mr. Stanly, from the judiciary committee, reported a bill to explain and amend the act of last session, limiting the time within which judgments before justices of the peace may be revived.
Mr. Stanly, from the judiciary committee, reported a bill to repeal part of the act of 1818, respecting the supreme court. Passed its first reading. [Contemplates repealing that part empowering the governor to call in a missive judge.]
Mr. Hillman, chairman of the committee of propositions and grievances, reported against the petition of Lewis Waggoner, of Stokes, and in favor of the petition of John Blackwell, of Hyde.
The reports were concurred in, and a bill introduced for the relief of the latter, and read the first time.
Monday, December 3.
On motion of Mr. Jones, the judiciary committee were instructed to inquire into the expediency of amending the act directing feme coverts how to pass lands, so as to render it more plain and simple —and also instructing the same committee to inquire whether any alterations and amendments are required in the law of the last session, directing the manner in which property levied on by sheriffs and constables shall hereafter be sold.
Mr. Love presented the petition of many inhabitants of Haywood, praying for the erection of a new county.-Referred.
Mr. Baird presented the memorial of sundry inhabitants of Burke, praying an extra session of the superior court, each year.-Referred.
On motion of Mr. Smith, of Hillsborough, the judiciary committee were instructed to inquire into the expediency of amending the laws establishing the superior courts so that the counties of Bertie, Cumberland, Orange, Burke, Rowan, Rutherford, and Halifax, shall, at each term, be allowed one week extra -and to inquire into the expediency of dividing the state into seven districts. The latter clause was referred to a select joint committee, consisting of Messrs. Human, Stanly, J. S. Smith, M'Lean and Fisher.
Mr. Fisher presented a petition from sundry citizens of Rowan county court to lay a tax to build a poor house
The bill to explain the act of 1821 limiting the time within which judgments before a justice of the peace may be revived.
Also the bill to prevent hauling of seines between New Inlet and Howe's Inlet.
Also the bill to amend an act of 1815, appointing a committee of finance for Montgomery county
These bills passed their first reading.
On motion of Mr. J. S. Smith, the rules of the house were amended as follows:
Petitions shall be called for by the speaker the first thing after the journal is read; then reports of standing committees, then reports of select committees: then resolutions, and then bills.
On motion of Mr. Stanly, the clerk was directed to procure from the secretary of state five copies of the late revisal of the laws of the state, for the use of the house.
Mr. Britten presented a bill for the regulation of the county courts of Burke. Read the first time.
Mr. Human, from the committee of propositions and grievances, reported unfavourably to the petition of the mayor &c. of Washington City, praying to be authorised to vend lottery tickets in this state.
Tuesday, December 4.
John Jarrett, elected from Pitt county, in the place of Oliver Prince, deceased, appeared and was qualified.
Mr. Bryan presented the petition of Samuel Guthrie and others, praying for military land warrants. Referred.
Mr. Human, from the committee on propositions and grievances, reported favourably on the petition of Wm. M. Kennedy.
Mr. Stanly, from the judiciary committee, who were instructed to inquire into the expediency of amending the act entitled feme coverts how to pass lands, reported, that having examined the acts on this subject, they are of opinion, that they offer a just and proper security to married women against fraud or improper influence in the disposal of their lands: that said acts are free from ambiguity, and admit of no doubts in their construction. The committee therefore recommend that no alterations be made therein. Report concurred with.
Mr. Conner, from the committee to whom the petition of Henry W. Conner was referred, reported a bill for the divorce of Henry Workman Conner and his wife Catharine, which passed its first reading.
The following bills were presented:
By Mr. Fisher, a bill to incorporate the Rowan Agricultural Society.
Mr. Beall, a bill to repeal the 6th section of an act passed in 1756, for ascertaining the method of proving book debts.
Mr. Stanly, a bill directing a court of Oyer and Terminer to be held in Craven county
These bills passed their first reading.
Mr. Clement, a bill to divide the county of Rowan, which was referred to a select committee.
On motion of Mr. Love, the committee on public lands were instructed to inquire into the expediency of amending and explaining the act of 1820 prohibiting white men from cultivating the lands reserved to the Cherokee Indians.
Wednesday, December 5.
On motion of Mr. M'Eachen, the committee on internal improvements were instructed to inquire into the expediency of passing an act to appoint commissioners to superintend the public roads in this state.
Mr. Blackledge presented the petition of Walter Harahan and others of Beaufort county, praying for the repeal of the act of last session fixing the times of holding the courts of said county. Ordered on the table.
Mr. Burges presented a bill for establishing an academy in the town of Halifax, which passed its first reading.
On motion, Mr. Burges was added to the judiciary committee.
The bill to repeal the 6th section of an act of 1756, for ascertaining the method of proving book debts being on its second reading,
Mr. Martin moved to amend the bill by striking out the words one hundred dollars, the amount which a man could prove by his own oath, and inserting in lieu thereof forty dollars, which was carried.
Mr. Webb then moved that the bill be indefinitely postponed. This motion was negatived 91 to 32 votes.
The bill then passed its second reading.
Thursday, December 6.
E. L. Hawkins, a member from New Hanover, elected in the place of Lewis Thomas, resigned, appeared and took his seat.
Mr. Blackledge presented two petitions on the subject of repealing the act of last session respecting battalion musters.
On motion of Mr. Fisher, resolved, that a select committee be appointed to inquire whether any and if any, what charges are necessary in the salary and fees of the secretary of state.
On motion of Mr. Hawks, it was resolved that a standing committee be appointed whose duty it shall be to inquire whether the provision of the constitution requiring the establishment of schools in the state, has been properly respected by the legislature; that said committee report, from time to time, such plans for carrying such requisition into effect as they may deem expedient, and within the power of the state.
Messrs. M'Dowell, Hoke, Fisher, Moorehead, Ranger, J. S. Smith, Martin, B. Kean, Hawks, Blackledge, Moore, Ward, A. M'Neil and Boykin, were named the committee.
The following bills were presented:
By Mr. Moorehead, a bill authorising the recording of marriage licenses.
Mr. Beall, a bill to alter the method of proving book accounts.
Mr. Alston, a bill to continue in force for one year an act authorising a lottery for Farmville Academy.
Mr. J. L. Hill, a bill to incorporate the Union Literary Society in Iredell.
Mr. Daniel, a bill to prevent obstructions to the passage of fish up Tranter's Creek; and a bill to repeal part of an act passed at last session respecting Pitt and Beaufort county courts.
These bills passed their first reading.
Mr. J. S. Smith presented a report from Judge Potter, as superintendent of the printing of the new revisal of the laws of the state, which was referred to a select joint committee. And
A message was received from the governor, covering a statement from the contractors for the printing of the revisal, in relation to its having greatly exceeded the estimate originally made of its size, which was referred to the same committee.
Legislature of North Carolina.
(Continued from fourth page.)
SENATE.
Friday, December 7
The following bills were presented:
Mr. Parker, a bill to repeal an act passed in 1810 granting to Timothy M'Intyre privilege to retail spirituous liquors in this state; and
Mr. Ruffin, a bill to alter the name of Edward Caudle, and legitimate him.
Mr. Campbell, of New-Hanover, presented the petition of Charlotte M'Donald, praying an act to be passed directing a certain suit to be dismissed. Referred.
Mr. Graves, from the committee on military land warrants, reported unfavorably on the petitions of James Pitts and John Kidds.
On motion of Mr. Boddie, the Judiciary committee were instructed to inquire into the expediency of passing a law to prevent free negroes and mulattoes from coming to and settling in this state.
Mr. M'Leary, from the committee of claims, to whom was referred the petition of Angus Shaw, reported in his favor.
A message was sent to the house of commons, proposing to ballot to-morrow for a major-general of the 5th division, nominating for that appointment Brig. Gen. Edmund Jones.
Saturday, December 8.
Mr. Speight, chairman, from the committee of conference between the two houses on the disagreeing vote relative to placing on the joint committee on the petition of Edward Newton and others, the member from Washington, reported that it was agreed that the proposition of the senate was in order, and that it would be recommended by the committee on the part of the commons that they recede from their disagreement to the proposition. A message was afterwards received, stating that the commons accordingly receded.
A message was received from the commons, proposing to ballot for public treasurer and public printer, nominating John Haywood and Thomas Henderson for those offices. A ballot took place accordingly, and these gentlemen were elected.
Mr. Black presented the petition of sundry inhabitants of Robeson, praying for the passage of an act to amend an act granting exclusive jurisdiction to the superior courts of that county in all cases where a jury is necessary. Referred to the judiciary committee.
The following bills were presented:
Mr. Koon, a bill to repeal an act passed in 1810, making compensation to the owners of outlawed and executed slaves in Duplin; and
Mr. Rainborn, a bill to extend the time for the registration of grants, &c.; which bills passed their first reading.
Several bills passed their 2d and 3d readings.
Monday, December 10.
Mr. Lindsay, from Currituck, from the committee to whom was referred the petition of Edward Newton and others, made an unfavorable report, which was concurred with.
Mr. Speight, from Greene, from the committee to whom was referred a bill to alter the times of holding the superior courts of Carteret, Jones, Greene and Lenoir, recommended the whole of the bill to be stricken out, except the words "A bill," and insert "To alter the times of holding the superior courts of Carteret, Jones, Greene and Lenoir, and the county courts of Jones and Craven," which bill passed its first reading.
Mr. Marshall presented the petition of Joseph Medley, sheriff of Anson, praying an allowance for insolvent polls, which was referred.
Mr. M'Leary, from the committee of claims, to whom was referred the petition of Abner Hunter, late sheriff of Guilford, recommended the passage of a bill to his relief; but it was rejected.
Mr. M'L. also reported a resolution in favor of Gen. Williamson, sheriff of Caswell, which passed its first reading.
Mr. Speight, from the judiciary committee, to whom was referred a resolution to inquire into the expediency of passing an act authorizing the judges to deputize persons to execute writs, &c. reported a bill to provide for the execution of process when there shall be no proper officer to execute the same, which passed its 1st reading.
Mr. Campbell, from the committee to whom was referred the petition of Charlotte M'Donald, reported a bill for her relief, which passed its 1st reading.
The following bills were presented:
By Mr. Gordon, a bill to repeal an act passed in 1802, directing the mode of appointing patrols in the counties of Gates, Camden and Pasquotank;
Mr. Lamb, a bill to repeal an act passed at the last session, directing the manner in which property levied on by sheriffs and constables shall be sold hereafter;
Mr. Williamson, a bill to alter the mode of removing suits from the courts of equity to the supreme court;
Mr. Campbell, a bill further to regulate the pilotage of Cape-Fear;
Mr. Person, a bill to repeal an act passed at last session, for the relief of honest debtors; and by
Mr. Miller, a bill to provide for the appointment of a coroner in the county of Warren.
Which bills passed their first reading.
On motion of Mr. Deberry, the judiciary committee were instructed to inquire into the expediency of providing by law for the payment of witnesses who may be compelled to attend trials in civil cases before justices of the peace out of court, and at an inconvenient distance from their residence.
The bill to authorise the county courts of the several counties in the state to appoint committees of finance, after undergoing considerable discussion and amendments, passed its 2d reading.
Mr. Seawell, from the committee of propositions, reported unfavorably on the petitions of Richard Furniville, Daniel Pegram, and sundry inhabitants of Orange in favor of Elisha Late.
Tuesday, December 11.
Mr. Williamson presented the petition of Jacob Muller of Lincoln county, praying to be divorced from his wife Rachel;
Mr. Raiborn, that of John Massey, praying for a military warrant; and of
Henry Smith, praying for compensation for his services in the revolutionary war;
Mr. Ruffin, the petition of John Hanks, relative to an entry of land in the county of Stokes;
Mr. Hatch, the memorial of the president and directors of the Clubfoot and Harlow's Creek Canal Company. All which petitions were referred.
On motion of Mr. Person, the following resolution was adopted:
Resolved by the senate and house of commons, that a select joint committee be instructed to inquire into the expediency of establishing a new bank, to belong entirely to the state, with such provisions as may have a tendency to relieve the pecuniary distresses of the people, and that they report by bill, &c.
Mr. Williamson, from the balloting committee for a major general of the 5th division, reported that Philip Britain was duly elected.
The following bills were presented:
By Mr. Waugh, a bill to authorize and empower the county court of Randolph to levy a tax complete their court house;
Mr. Lindsay (of Currituck.) a bill to authorize Samuel Slycar, jun. of Currituck, to erect a gate across the public road to Bell's Island; and a bill to repeal part of an act passed in 1811, to compel retailers of spirituous liquors to take up license from the county court.
These bills passed their first reading.
The senate took up the bill to authorize the county courts in each of the counties to appoint a committee of finance. After some debate, a motion was made to postpone the bill indefinitely, it was negatived, 39 votes to 20. The bill then passed its third reading, 31 votes to 25.
Wednesday, December 12.
Mr. Ruffin, from the committee appointed to superintend the balloting for counsellors of state, reported, that William Blackledge, Thomas Wynns, Gideon Alston, David Gillespie, Theophilus Lacey, and Thomas Kenan, were duly elected. One other counsellor remained to be elected.
Mr. Welborn presented the petition of Leonard Whittegren, praying to be restored to his rights as a citizen. Referred.
On motion of Mr. Ruffin, the committee of claims was instructed to inquire into the expediency of allowing Robert Vance, late sheriff of Perquimans, for certain delinquent tax lists.
The bill to provide for the execution of process when there shall be no proper officer in the county to execute the same;—the bill to alter the mode of removing suits from the courts of equity to the supreme court;—the bill to extend the time for the registration of grants, &c. passed their third reading, and were ordered to be engrossed.
Mr. Vanhook, presented a bill concerning the court house of Person; and
Mr. Person, a bill to authorize Martha Glasscock, of Moore, to retail spirits free from tax: which bills passed their first reading.
On motion of Mr. Pink, the committee on internal improvements were instructed to inquire into the expediency of discharging the state engineer.
Mr. Williamson introduced sundry resolutions on the subject of a convention, similar to those brought forward in the house of commons yesterday by Mr. Fisher.
Thursday, December 13
The resolutions on the subject of a convention, were referred to a committee of the whole, and made the order of the day for Tuesday next.
Mr. Peebles presented a bill to compel constables to pay over money by them collected on judgments; and
Mr. M'Leary presented a bill better to regulate the county court of Mecklenburg—both of which were read the first time.
Several other private bills were read.
William Davidson, of Mecklenburg, was appointed the seventh counsellor of state.
HOUSE OF COMMONS.
Friday, December 7.
Mr. Graves, from the committee appointed to wait on governor Holmes to inform him of his election, reported that he would attend to be qualified this day at 12 o'clock. At which hour, he attended in the commons hall, and the usual oaths of office were administered to him by chief justice Taylor, in presence of the members of both houses.
The following petitions were presented:
By Mr. Lamon, from Willie Bunn, of Nash, guardian of Rebecca Thorp, an idiot, praying to sell certain lands of hers;
Mr. M'Comb, from sundry inhabitants of the counties of Iredell, Cabarrus and Mecklenburg, praying for the discontinuance of the new road between Concord and Beattiesford;
Mr. Roberts, from William Harrison, praying for a military land warrant; and
Mr. Andrews, from citizens of Bladen county, praying to be excused from working on a certain public road.
Which petitions were referred.
On motion of Mr. Cowan, the committee appointed to inquire what alterations are necessary in the salary of the secretary of state, were instructed to inquire whether any, and what alterations were necessary in the fees of the clerks of the superior courts.
The following bills were introduced:
By Mr. Peete, a bill to repeal the 1st section of an act passed in 1819, to prevent fraudulent trading with slaves; and
Mr. Roberts, a bill to compel the clerks of the superior and county courts of Surry to keep their offices in Rockford.
Both bills passed their first reading.
The bill authorising the recording of marriage licences was, on motion of Mr. A. Morgan, on its second reading, indefinitely postponed.
A message was received from governor Franklin, inclosing an act of the legislature of Tennessee ratifying the boundary line between that state and this. Referred.
The bill to alter the method of proving book debts, was, on motion of Mr. Stand, indefinitely postponed. 68 to 48.
Saturday, December 8.
Mr. Duke presented the petition of John Ely and Mary Butler, praying for military land warrants. Referred.
On motion of Mr. Alston, the public treasurer was directed to lay before this house a particular account and statement of the receipts and disbursements of the board of internal improvement for the last two years, up to the 26th November, 1821, stating the amount advanced from the public treasury, and the amount paid out of the fund for internal improvements.
The following bills were introduced:
By Mr. Fisher, a bill concerning the town of Salisbury;
Mr. Webb, a bill to repeal the 2, 3 and 4th sections of an act passed in 1811, prescribing the manner of assessing lands in this state for taxation;
Mr. Collins, in pursuance of a petition, a bill to repeal part of an act passed last session, for the better regulation of the county courts of Rutherford, Burke and Lincoln;
Mr. Jones, a bill to amend the 15th section of an act passed in 1784, to prevent the exportation of unmerchantable commodities, so far as relates to the town of Wilmington.
Mr. Sellers, a bill to repeal an act passed last session for the relief of honest debtors.
The three first bills passed their first reading; the 4th was referred to a committee, and the last ordered to lie on the table.
The house proceeded to consider a resolution proposed by Mr. Hillman on Thursday last, rescinding the rule of the house lately adopted directing the order in which business should be introduced. The resolution, after a few remarks for and against it, was agreed to; so the rule is rescinded.
Mr. Hillman, from the committee to whom was referred the reports and resolutions of Maryland and New-Hampshire, &c. on the subject of appropriating public lands for the purpose of education among the several states, reported in favor of a concurrence with the proposition. The report was concurred with, and ordered to be printed.
A number of bills were received from the senate, which received their first reading:
Mr. Stanly, from the judiciary committee, reported a bill to preserve the right of trial by jury in suits at common law, when the value in controversy shall exceed $20, which passed its first reading.
The speaker laid before the house a communication from the public treasurer, inclosing the following statement of the affairs of the State Bank, regretting that he had it not in his power at present, to transmit a like statement in relation to the banks of Newbern and Cape-Fear; but expected to hear shortly from them on the subject.
General Statement of the State Bank of North-Carolina, Nov. 20, 1821.
Specie, Foreign Notes and Bills of Exchange $639,418 09
Bills discounted 2,940,592 18
Due from other Banks 669,513 66
Real estate, including Bank Buildings 128,630 12
Due for unpaid Stock 94,536 11
Bank Stock 1,740,000 00
Currency 31,764 97
$4,521,915 13
Stock subscribed. 1,600,000 00
Notes in circulation 1,978,318 89
Subscription to new stock 125,000 00
Due to other banks 531,608 80
Deposits 266,397 15
Dividends unpaid 8,437 00
General profit and loss (out of which the present dividend is to be paid.) 137,015 29
$4,521,915 13
Specie $533,258 92; Foreign Notes $77,879 50: bills of exchange $28,279 67.
Due to stockholders who subscribed for more shares than they obtained.
This report and statement were ordered to be printed.
A message was sent to the senate, proposing to ballot on Monday morning for counsellors of state, nominating Joseph Gillespie, Wm. Blackledge, sen. Thomas Wynns, John Umstead, Theophilus Lacey, Gideon Alston, and Joseph Pickett.
The message was concurred in by the senate, and the following names added to the nomination, viz: David Gillespie, Joseph Carson, Thomas Kenan, Wm. Davidson, and Benj. Hawkins.
Monday, December 10
Mr. Henry, from the committee on that part of the governor's message in relation to pecuniary embarrassments reported a bill to amend an act passed last session, for the relief of honest debtors.
The following bills were also introduced:
By Mr. Freeman, a bill to establish a poor and work-house in Chatham;
Mr. Cowan, a bill to amend an act passed in 1784, to prevent the exportation of unmerchantable commodities;
Mr. M'Nair, a bill to repeal part of the 1st section of an act passed in 1817, directing a road to be laid out and opened from Fayetteville to Morganton; and also part of the 1st section of an act passed in 1818 on the same subject;
Mr. Hawks, a bill to amend the quarantine laws of this state;
Mr. Slade, a bill establishing a board of Physicians, and regulating the practice of physic and surgery in the state;
Mr. Blackledge, a bill to alter the mode of electing sheriffs, and to vest the right of elections in the free people of the several counties;
Mr. Hillman, a bill to incorporate the Raleigh Female Tract Society.
Mr. Lloyd, a bill respecting grants which have heretofore issued from the office of the secretary of state.
The above bills passed their first reading, except the last, which was referred to the judiciary committee.
Mr. Clement, from the committee to whom had been referred the bill to divide the county of Rowan, returned the bill without amendment. It passed its second reading.
Mr. Strange presented the memorial of the commissioners of the town of Fayetteville concerning the commissions paid to the state by auctioneers. Referred to a committee of conference.
Mr. Gaston introduced a joint committee who had been instructed to inquire into the expediency of which Gen. the several laws establishing county courts, &c.; and to report a bill providing such alterations as they cannot be tried at the usual terms of these courts. The bill passed its first reading.
Mr. M'Lean, from the committee of claims, made an unfavorable report on the memorial of Benj. S. Judah, of New-York, which was concurred with.
A message to the senate proposed to ballot immediately for a major-general of the 5th division, and adding to the nomination, the names of brig. gen. Philip Britain and George Bowers.
Mr. Stanly, from the judiciary committee, reported a bill directing the time and place of sale of lands and slaves, under execution, which passed its 1st reading:
Mr. S. from the same committee, to whom was referred the resolution proposing to allow compensation to Willie P. Mangum, late one of the judges of this state, for holding the superior court of Currituck in the fall of 1820, reported a resolution directing the treasurer to pay the same, which passed its 1st reading:
Mr. Barringer, from the committee of finance, reported in favor of paying Alex. Nicholson, of Richmond county, $97 85, which passed its first reading.
Mr. M'Leod presented the petition of Margaret Martin and others, praying for military land warrants.—Referred.
Tuesday, December 11.
The following bills were presented:
By Mr. Strange, a bill to amend the 8th section of an act passed in 1784, to prevent the exportation of unmerchantable commodities;
Mr. Wilkins, a bill to amend the militia laws of this state;
Mr. Styron, a bill for the better regulation of the pilotage at the port of Ocracoke;
Mr. Leake reported a bill authorising Win. P. Leake to sell certain property belonging to his ward.
Mr. M'Comb, from the committee to whom was referred the petition of sundry inhabitants of Iredell, Cabarrus and Mecklenburg, reported a bill to alter a part of the state road laid out according to the act of 1817.
Mr. Barringer, from the committee of finance, reported a bill to provide a revenue for the year 1822, also a bill imposing an annual tax on stud-horses and jack asses,
Which bills severally passed their 1st reading.
Mr. Burgess presented the report of the superintendents and board of directors of the Roanoke Navigation Company, which was referred to the committee on internal improvement, and ordered to be printed.
Mr. Martin presented a plan for opening all inlet at the lower end of the Albemarle Sound, by A. Albertson, which was read and ordered to be printed.
Sundry bills were received from the Senate which passed their first reading.
Mr. Henry presented the following resolution:
Whereas the navigation act passed by the Congress of the United States on the 18th of April, 1818, countervailing the operation of the navigation acts of Great Britain upon our trade with the West India Islands, has not produced the effect intended of compelling her to either relax or abandon her colonial system; but has, on the contrary, had the effect of destroying an indispensable and lucrative trade theretofore existing between this state and the British West Indies:—Whereupon,
Resolved, that our senators and representatives in Congress be instructed to use their endeavours to have the said act repealed.
Ordered that the said resolution lie on the table till Monday next.
Mr. Styron presented the petition of Thomas Marshall, sheriff of Carteret, praying to be allowed for certain insolvent taxables—referred.
Mr. Brickell, from the balloting committee for counsellors of state, reported that the following gentlemen were elected, viz. Gideon Alston, Thomas Wynns, Wm. Blackledge, David Gillespie, Theophilus Lacy, and Thomas Kenan.
Mr. Fisher presented the following resolution:
1. Resolved, by the General Assembly of the State of North Carolina, that the representation of the people of this state in both branches of the legislature, under the present constitution, is unequal, unjust and anti-republican.
2. Resolved, that this constitution ought to be amended so that each part of the state should have an equal share in the rights of representation upon the principle of free white population, and taxation, or of free white population, including three-fifths of all other persons.
3. Therefore Resolved, that at the next election for members of the assembly, the people of this state, who are entitled to vote for members of the house of commons, be invited to vote at the said election whether they are in favour of a convention, or not, by writing on their tickets, Convention, or No Convention.
4. Resolved, that the sheriff of each county in this state, or other returning officers, be, and they are hereby directed immediately after the next election to ascertain the number of votes given for, or against a convention; and to make out a correct statement thereof, and transmit the same to the governor, to be laid before the next assembly.
The bill to alter an act passed in 1781, for restraining the taking of excessive usury, was read a second time, when Mr. Martin moved that the bill should be indefinitely postponed. After considerable debate the motion was carried, 100 votes to 25.
Wednesday, December 13.
Several bills were received from the Senate, which passed their first reading.
Mr. Shaw presented the petition of James Clark, from Orange county, on the subject of licensed grog-shops; and Mr. Herren, the petition of the heirs of Abraham Ford, praying for a military warrant; both of which were referred.
The following bills were presented:
By Mr. McDowell, a bill to incorporate the Rutherford Agricultural Society;
Mr. Slade, a bill to amend an act passed in 1817, to compel owners of water-mills situated on public roads, to keep in repair the bridges;
Mr. Fisher, from the committee to whom was referred the subject, reported a bill to increase the salary of the Secretary of State;
Which bills passed their first reading.
Mr. Shaw introduced a resolution directing the Treasurer to pay John Graham and John Stockard, their expenses for attending as witnesses at Wake superior Court, in a suit the Governor vs. Col. James Moore.—Referred to the committee of claims.
On motion of Mr. Stanly, the judiciary committee were directed to inquire and to report whether it be not practicable and necessary to obtain an earlier publication of the reports of cases decided in the supreme court.
Mr. Stanly from the judiciary committee, who were instructed to inquire whether any provision ought to be made to enable persons to transmit their cases to the supreme court, &c. reported that it was unnecessary to change the law on this subject.—Concurred with.
Received from the Senate a resolution proposing to appoint a select committee to inquire into the expediency of establishing a new Bank, to belong entirely to the State. The house concurred, and, on their part, appointed Messrs. Alston, Brickell, Spencer, Barringer and McComb.
The house resolved itself into a committee of the whole on the revenue bill,
Mr. Alston in the chair. The committee made sundry amendments therein, but not having got through the bill, rose, asked and obtained leave to sit again.
Thursday, December 13.
Mr. W. D. Smith presented a bill to keep open Ivy river, in the county of Buncombe, as far as Carter river.
Mr. Dawson presented a bill authorising seven acting justices of the peace to perform certain duties, in Halifax, which formerly required a majority.
Mr. Beard presented a bill to repeal part of an act of 1820, respecting the sale of certain lots in Morganton.
Mr. Rhea presented a bill to compel the register of Mecklenburg to keep his office at the court house. Each read the first time.
Several other private bills and petitions were read, when, on motion of Mr. Fisher, the convention resolutions were postponed till another day, and the house resolved itself into committee of the whole, Mr. Alston in the chair, on the revenue bill. After spending much time in its discussion and filling up the blanks the taxes fixed nearly as last year, the committee rose and the house adjourned.
SENATE.
Thursday, November 29.
On motion of Mr. Welborn, the committee on Cherokee lands, were instructed to inquire into the expediency of allowing a reasonable per cent. on payments made in advance for lands.
The following bills were presented.
By Mr. Campbell, of Iredell, a bill concerning debts within the jurisdiction of a justice of peace, out of court. Referred to the judiciary committee.
By Mr. Campbell, of New Hanover, a bill to prevent the hauling of seines between the New Inlet, near the mouth of Cape Fear river, and the Bar and Bogue Inlet.
Mr. Blood, a bill to amend an act passed last session, granting further time to perfect titles to lands.
Mr. Wade, a bill to authorise the county courts to appoint a committee of finance to settle with their officers.
Mr. Deberry, a bill to amend an act passed in 1815, to authorise the county court of Montgomery to appoint a committee of finance.
These bills passed their first reading.
On motion of Mr. Graves, the judiciary committee was instructed to inquire into the expediency of passing an act requiring that the courts of justice shall, at each term, first take up and dispose of all cases on the state docket, before they proceed to other causes.
Friday, November 30.
The bill to repeal an act passed last session to provide for the payment of costs when a slave is convicted of a capital crime, was rejected on its 2d reading.
Mr. Williamson presented a bill to increase the number of jurors in the superior courts of the County of Lincoln, which passed its first reading.
Saturday, December 1.
The following bills were presented:
By Mr. Gentry, a bill making the affirmation of the people called Dunkards evidence in criminal cases.
Mr. Person, a bill to prevent frauds in the conveyance of property.
Mr. Hyman, a bill to amend an act passed in 1784, to prevent the exportation of unmerchantable commodities.
The first bill passed its first reading, the other two were referred.
Mr. Seawell, from the judiciary committee, to whom was referred the bill for the further suppression of vice and immorality, reported against the passage of the bill; which report was concurred with, 54 to 4.
The bill for annexing a part of Bladen county to Columbus, was read the 3d time and passed.
Monday, December 3.
The following were presented:
By Mr. Huckabee, a bill to compel executors to give security in future.
Mr. Gavin, a bill to establish Clinton Academy, in Sampson county.
Which bills passed their first reading.
On motion of Mr. Wade,
Resolved, by the Senate and House of Commons, That the public treasurer of this state be requested to lay before this general assembly, a statement of all such information as he is authorized by law to receive from the officers of the State Bank of North Carolina; and from the officers of the Banks of Newbern and Cape-Fear, so far as respects the amount of their capital stock, and of the debts due to the same; of the moneys deposited therein; of their notes in circulation, and of their cash in hand.
On motion of Mr. Bryan, the following resolution was adopted:
Whereas, the state of North Carolina is greatly interested in the State Bank, and a more intimate knowledge of its affairs would at times be useful to the community: therefore, be it resolved, that a joint select committee be appointed to inquire with the stockholders of said Bank on the propriety of so amending its charter, that the power of electing such number of directors as the state may be fairly entitled to, be vested in the general assembly; and that it be made the duty of the said bank directors to report to the general assembly annually, the amount of the debts due to said bank by each of the directors of said bank and its branches, where the sum shall exceed $5000: and whether such directors, whose debt exceeds the said amount of $5000, have paid such installments as have been taxed and paid by other dealers with the bank.
Messrs. Bryan, Wade, Ruffin, Miller and Poole, of the senate; and Messrs. Fisher, Hunter, Alston, M'Dowell and Martin, of the commons, were appointed a committee, in pursuance of said resolution.
Mr. M'Leary, from the balloting committee for brigadier general of the 5th brigade, reported that John Alston was duly elected.
On motion of Mr. Leonard, the following resolution was adopted:
Whereas, the present regulation for holding the Superior Courts of the 5th Judicial District, amounts to a denial of justice in several of the counties embraced in said circuit: Resolved, that a select joint committee, consisting of the members from the counties composing the 5th Judicial Circuit, be required to examine into the expediency of redressing the grievances under which the quantities of New-Hanover, Columbus
and Brunswick labour, and report by bill or otherwise.
Tuesday, December 4.
Mr. Bryan, from the committee to whom was referred a bill to amend an act to prevent the exportation of unmerchantable commodities, reported that the bill ought to pass. It passed its first reading.
The balloting committee for a governor, reported that the votes were as follows:
Gabriel Holmes 60
Hutchins G. Burton 49
James Mebane 41
Joseph H. Bryan 33
No person having a majority of votes, another balloting was ordered.
On motion of Mr. Seawell, the following resolution was adopted:
Resolved, That it be referred to the committee of finance, to inquire what amount of taxation is expedient to be imposed on every tenement upon which any banking operations shall be carried, which are not authorized by a charter from the legislature of this state.
The balloting committee for a governor, reported that the votes were as follows:
Holmes 65
Burton 49
Mebane 44
Bryan 24
No person having a majority, another balloting was ordered.
The bill to compel executors to give security, was on its 2d reading, indefinitely postponed.
Mr. Seawell presented the petition of James Farrier, praying to be absolved from forfeitures incurred by a judgment of Johnston superior court for having sent a note to a person, which was considered as a challenge.
The balloting committee for a governor reported as follows:
No person having a majority of votes, another election was ordered to take place to-morrow.
Wednesday, December 5.
Dawn E. Sumner, a member from Hertford county, elected in the place of Boon Felton, dec. appeared and took his seat.
The balloting committee for governor, reported the following as the state of the votes (the name of gen. J. H. Bryan being withdrawn.) on the 4th balloting:
Holmes 79
Burton 52
Mebane 51
No person having a majority another balloting was ordered.
On motion of Mr. Vanhook, a resolution was passed instructing the committee of claims to inquire into the expediency of allowing George Williamson, sheriff of Caswell, such sums of money as may be due him for insolvent taxables for 1817, 18 and 19.
The balloting committee for governor, reported the following as the result of the 5th balloting:
Holmes 85
Mebane 51
Burton 48
No election having taken place, a further balloting was ordered to-morrow.
Thursday, December 6.
Three ballotings took place to-day for governor. In the first, Holmes had 85 votes, Mebane 59 and Burton 35. In the 2d, Holmes had 92, Mebane 60, Burton 49. In the last, Holmes had 100 votes, Mebane 65, and Burton 13. (Gen. Gabriel Holmes having a majority, was declared duly elected.
The following bills were presented:
By Mr. Seawell, a bill in addition to sundry acts passed for the government of the city of Raleigh;
Mr. Bryan a bill to repeal an act passed in 1821, to amend an act passed in 1793, making compensation to the owners of outlawed and executed slaves for the counties of Bladen, Halifax, Granville, Cumberland, Perquimons, Beaufort and Pitt, as far as respects Chatham county;
Mr. Murr, a bill to incorporate Midway meeting house, on the lands of the Rev. Charles A. Hollis in Franklin county, and also a bill more effectually to compel payment to the said meeting house therein mentioned, of moneys by them collected, or received by virtue or under colour of their office;
Mr. Campbell, a bill to alter the manner of appointing commissioners of the pilotage and navigation of Cape Fear river;
Mr. Williamson, a bill to incorporate the Lincoln Female Academy; and
Mr. Daniel, a bill providing further punishment for harbouring or maintaining runaway slaves. Which bills passed their first reading.
On motion of Mr. Blood, the committee on internal improvements, were instructed to inquire into the expediency of appropriating a sufficient sum of money for the purpose of purchasing the interest of the present proprietors of the turnpikes in Buncombe county.
On motion of Mr. Hatch, the judiciary committee were instructed to inquire into the expediency of amending the laws relative to runaway slaves, so far as respects the outlawry of such slaves.
Several bills received their second and third readings.
| Holmes | 68 |
| Burton | 49 |
| Mebane | 47 |
| Bryan | 19 |
HOUSE OF COMMONS.
Thursday, Nov. 29.
The following bills were presented,
Mr. A. M'Neil, a bill fixing the price hereafter to be paid to the state for vacant lands;
Mr. Love, a bill to repeal an act passed last session to provide for the payment of costs when a slave is convicted of a capital crime; and Mr. Durgan a bill of the same title.
Mr. Alston, a bill to extend the time for registration of grants, &c.
Mr. Strange, a bill for the better regulation of the town of Fayetteville;
Mr. Webb, a bill concerning orphans;
Mr. Hawks a bill to amend an act passed in 1798, for the further regulation of the town of Newbern.
These bills passed their first reading.
On motion of Mr. Sneed, of Granville,
Resolved. That the judiciary committee be instructed to inquire into the expediency of altering the time of holding the supreme court, so that one term shall be held during the sitting of the legislature.
Mr. M'Neil from the balloting committee for a Comptroller, reported that no person in nomination has a majority of votes. The votes were as follows:
Joseph Hawkins 86
Thomas Turner 24
William J. Cowan 2
John Hogg 15
James Poindexter 13
Thomas Spencer 11
Pleasant Henderson 7
The house proceeded on 2d ballot, when the votes stood thus:
Joseph Hawkins 104
Thomas Turner 20
William J. Cowan
James Parks 10
John Hogg 7
Thomas Spencer 1
Pleasant Henderson
Mr. Hawkins having a majority of the votes was declared duly elected.
Friday, November 30.
Mr. Strange reported the bill to amend the first section of an act of 1815, concerning the navigation of Cape Fear river, with amendments, which were concurred in and the bill read the second time.
The following petitions were presented:
By Mr. Fisher, the petition of Henry W. Conner, of Lincoln, praying a divorce;
Mr. Clemens, the petition of John Jarrott, praying release from a mortgage fine;
Mr. Fisher, the petition of William H. Kerr, praying to have a fine remitted;
Mr. John Hill, the petition of Lewis Waggoner, of Stokes, praying to have certain costs refunded;
Mr. James, the petition of M. W. M'Kinrey, praying for a land warrant.
Mr. Slade, the petition of Ga. Hummot, praying for a land warrant.
These petitions were referred.
The following bills were presented:
By Mr. M'Leod, a bill to amend and explain an act to prevent burning the woods;
Mr. Slade, a bill to alter the time of holding the superior court of Martin county;
Mr. Moorehead, a bill to alter the act of 1715, respecting usury
These bills passed their first readings -the latter one was ordered to print.
The house adopted a resolution, on motion of Mr. Stanly, under a similar resolution wherein any is claimed, to be read three times.
The judiciary committee were instructed to inquire into the expediency of so altering the law of outlaw, as to prevent issuing of executions for more than five cents costs upon judgment rendered by it.
The bill to repeal the act of last session, providing for the payment of costs, when a slave is convicted of a capital crime, was read the second time; when Mr. Williams moved to postpone it indefinitely, and stated his reasons. The motion was disagreed to.
The bill passed its second reading, 76 to 46.
Saturday, December 1.
Mr. Bateman presented a bill to repeal part of the act of 1819, regulating certain fisheries, &c.
Mr. Strange presented a bill to repeal an act of last session concerning the marriage of infant females. Each read the first time.
The bill to explain and amend the act to prevent the burning the woods, was read the second time and rejected.
The bill respecting orphans, and the bill to extend the time for registering grants, &c.-each passed their second readings.
A report from B. Daniel, adjutant general of this state, was received and read. The number of militia of the state agreeably to the returns received, is 41,873-But the adjutant general is conscious that there is great incorrectness in the returns, as the census of 1820 gives us 66,000 men between the ages of 18 and 45.
The bill was read proposing to reduce the price of vacant lands from ten to five cents. The reduction was opposed by
Mr. Stanly, and was advocated by Mr. Henry, M'Neil and B. Collins, the latter of whom called for the yeas and nays.
The house refused to reduce the price by a vote of 72 to 47, and rejected the bill. So the price remains at 10 cents.
Mr. Stanly, from the judiciary committee, reported a bill to explain and amend the act of last session, limiting the time within which judgments before justices of the peace may be revived.
Mr. Stanly, from the judiciary committee, reported a bill to repeal part of the act of 1818, respecting the supreme court. Passed its first reading. [Contemplates repealing that part empowering the governor to call in a missive judge.]
Mr. Hillman, chairman of the committee of propositions and grievances, reported against the petition of Lewis Waggoner, of Stokes, and in favor of the petition of John Blackwell, of Hyde.
The reports were concurred in, and a bill introduced for the relief of the latter, and read the first time.
Monday, December 3.
On motion of Mr. Jones, the judiciary committee were instructed to inquire into the expediency of amending the act directing feme coverts how to pass lands, so as to render it more plain and simple —and also instructing the same committee to inquire whether any alterations and amendments are required in the law of the last session, directing the manner in which property levied on by sheriffs and constables shall hereafter be sold.
Mr. Love presented the petition of many inhabitants of Haywood, praying for the erection of a new county.-Referred.
Mr. Baird presented the memorial of sundry inhabitants of Burke, praying an extra session of the superior court, each year.-Referred.
On motion of Mr. Smith, of Hillsborough, the judiciary committee were instructed to inquire into the expediency of amending the laws establishing the superior courts so that the counties of Bertie, Cumberland, Orange, Burke, Rowan, Rutherford, and Halifax, shall, at each term, be allowed one week extra -and to inquire into the expediency of dividing the state into seven districts. The latter clause was referred to a select joint committee, consisting of Messrs. Human, Stanly, J. S. Smith, M'Lean and Fisher.
Mr. Fisher presented a petition from sundry citizens of Rowan county court to lay a tax to build a poor house
The bill to explain the act of 1821 limiting the time within which judgments before a justice of the peace may be revived.
Also the bill to prevent hauling of seines between New Inlet and Howe's Inlet.
Also the bill to amend an act of 1815, appointing a committee of finance for Montgomery county
These bills passed their first reading.
On motion of Mr. J. S. Smith, the rules of the house were amended as follows:
Petitions shall be called for by the speaker the first thing after the journal is read; then reports of standing committees, then reports of select committees: then resolutions, and then bills.
On motion of Mr. Stanly, the clerk was directed to procure from the secretary of state five copies of the late revisal of the laws of the state, for the use of the house.
Mr. Britten presented a bill for the regulation of the county courts of Burke. Read the first time.
Mr. Human, from the committee of propositions and grievances, reported unfavourably to the petition of the mayor &c. of Washington City, praying to be authorised to vend lottery tickets in this state.
Tuesday, December 4.
John Jarrett, elected from Pitt county, in the place of Oliver Prince, deceased, appeared and was qualified.
Mr. Bryan presented the petition of Samuel Guthrie and others, praying for military land warrants. Referred.
Mr. Human, from the committee on propositions and grievances, reported favourably on the petition of Wm. M. Kennedy.
Mr. Stanly, from the judiciary committee, who were instructed to inquire into the expediency of amending the act entitled feme coverts how to pass lands, reported, that having examined the acts on this subject, they are of opinion, that they offer a just and proper security to married women against fraud or improper influence in the disposal of their lands: that said acts are free from ambiguity, and admit of no doubts in their construction. The committee therefore recommend that no alterations be made therein. Report concurred with.
Mr. Conner, from the committee to whom the petition of Henry W. Conner was referred, reported a bill for the divorce of Henry Workman Conner and his wife Catharine, which passed its first reading.
The following bills were presented:
By Mr. Fisher, a bill to incorporate the Rowan Agricultural Society.
Mr. Beall, a bill to repeal the 6th section of an act passed in 1756, for ascertaining the method of proving book debts.
Mr. Stanly, a bill directing a court of Oyer and Terminer to be held in Craven county
These bills passed their first reading.
Mr. Clement, a bill to divide the county of Rowan, which was referred to a select committee.
On motion of Mr. Love, the committee on public lands were instructed to inquire into the expediency of amending and explaining the act of 1820 prohibiting white men from cultivating the lands reserved to the Cherokee Indians.
Wednesday, December 5.
On motion of Mr. M'Eachen, the committee on internal improvements were instructed to inquire into the expediency of passing an act to appoint commissioners to superintend the public roads in this state.
Mr. Blackledge presented the petition of Walter Harahan and others of Beaufort county, praying for the repeal of the act of last session fixing the times of holding the courts of said county. Ordered on the table.
Mr. Burges presented a bill for establishing an academy in the town of Halifax, which passed its first reading.
On motion, Mr. Burges was added to the judiciary committee.
The bill to repeal the 6th section of an act of 1756, for ascertaining the method of proving book debts being on its second reading,
Mr. Martin moved to amend the bill by striking out the words one hundred dollars, the amount which a man could prove by his own oath, and inserting in lieu thereof forty dollars, which was carried.
Mr. Webb then moved that the bill be indefinitely postponed. This motion was negatived 91 to 32 votes.
The bill then passed its second reading.
Thursday, December 6.
E. L. Hawkins, a member from New Hanover, elected in the place of Lewis Thomas, resigned, appeared and took his seat.
Mr. Blackledge presented two petitions on the subject of repealing the act of last session respecting battalion musters.
On motion of Mr. Fisher, resolved, that a select committee be appointed to inquire whether any and if any, what charges are necessary in the salary and fees of the secretary of state.
On motion of Mr. Hawks, it was resolved that a standing committee be appointed whose duty it shall be to inquire whether the provision of the constitution requiring the establishment of schools in the state, has been properly respected by the legislature; that said committee report, from time to time, such plans for carrying such requisition into effect as they may deem expedient, and within the power of the state.
Messrs. M'Dowell, Hoke, Fisher, Moorehead, Ranger, J. S. Smith, Martin, B. Kean, Hawks, Blackledge, Moore, Ward, A. M'Neil and Boykin, were named the committee.
The following bills were presented:
By Mr. Moorehead, a bill authorising the recording of marriage licenses.
Mr. Beall, a bill to alter the method of proving book accounts.
Mr. Alston, a bill to continue in force for one year an act authorising a lottery for Farmville Academy.
Mr. J. L. Hill, a bill to incorporate the Union Literary Society in Iredell.
Mr. Daniel, a bill to prevent obstructions to the passage of fish up Tranter's Creek; and a bill to repeal part of an act passed at last session respecting Pitt and Beaufort county courts.
These bills passed their first reading.
Mr. J. S. Smith presented a report from Judge Potter, as superintendent of the printing of the new revisal of the laws of the state, which was referred to a select joint committee. And
A message was received from the governor, covering a statement from the contractors for the printing of the revisal, in relation to its having greatly exceeded the estimate originally made of its size, which was referred to the same committee.
Legislature of North Carolina.
(Continued from fourth page.)
SENATE.
Friday, December 7
The following bills were presented:
Mr. Parker, a bill to repeal an act passed in 1810 granting to Timothy M'Intyre privilege to retail spirituous liquors in this state; and
Mr. Ruffin, a bill to alter the name of Edward Caudle, and legitimate him.
Mr. Campbell, of New-Hanover, presented the petition of Charlotte M'Donald, praying an act to be passed directing a certain suit to be dismissed. Referred.
Mr. Graves, from the committee on military land warrants, reported unfavorably on the petitions of James Pitts and John Kidds.
On motion of Mr. Boddie, the Judiciary committee were instructed to inquire into the expediency of passing a law to prevent free negroes and mulattoes from coming to and settling in this state.
Mr. M'Leary, from the committee of claims, to whom was referred the petition of Angus Shaw, reported in his favor.
A message was sent to the house of commons, proposing to ballot to-morrow for a major-general of the 5th division, nominating for that appointment Brig. Gen. Edmund Jones.
Saturday, December 8.
Mr. Speight, chairman, from the committee of conference between the two houses on the disagreeing vote relative to placing on the joint committee on the petition of Edward Newton and others, the member from Washington, reported that it was agreed that the proposition of the senate was in order, and that it would be recommended by the committee on the part of the commons that they recede from their disagreement to the proposition. A message was afterwards received, stating that the commons accordingly receded.
A message was received from the commons, proposing to ballot for public treasurer and public printer, nominating John Haywood and Thomas Henderson for those offices. A ballot took place accordingly, and these gentlemen were elected.
Mr. Black presented the petition of sundry inhabitants of Robeson, praying for the passage of an act to amend an act granting exclusive jurisdiction to the superior courts of that county in all cases where a jury is necessary. Referred to the judiciary committee.
The following bills were presented:
Mr. Koon, a bill to repeal an act passed in 1810, making compensation to the owners of outlawed and executed slaves in Duplin; and
Mr. Rainborn, a bill to extend the time for the registration of grants, &c.; which bills passed their first reading.
Several bills passed their 2d and 3d readings.
Monday, December 10.
Mr. Lindsay, from Currituck, from the committee to whom was referred the petition of Edward Newton and others, made an unfavorable report, which was concurred with.
Mr. Speight, from Greene, from the committee to whom was referred a bill to alter the times of holding the superior courts of Carteret, Jones, Greene and Lenoir, recommended the whole of the bill to be stricken out, except the words "A bill," and insert "To alter the times of holding the superior courts of Carteret, Jones, Greene and Lenoir, and the county courts of Jones and Craven," which bill passed its first reading.
Mr. Marshall presented the petition of Joseph Medley, sheriff of Anson, praying an allowance for insolvent polls, which was referred.
Mr. M'Leary, from the committee of claims, to whom was referred the petition of Abner Hunter, late sheriff of Guilford, recommended the passage of a bill to his relief; but it was rejected.
Mr. M'L. also reported a resolution in favor of Gen. Williamson, sheriff of Caswell, which passed its first reading.
Mr. Speight, from the judiciary committee, to whom was referred a resolution to inquire into the expediency of passing an act authorizing the judges to deputize persons to execute writs, &c. reported a bill to provide for the execution of process when there shall be no proper officer to execute the same, which passed its 1st reading.
Mr. Campbell, from the committee to whom was referred the petition of Charlotte M'Donald, reported a bill for her relief, which passed its 1st reading.
The following bills were presented:
By Mr. Gordon, a bill to repeal an act passed in 1802, directing the mode of appointing patrols in the counties of Gates, Camden and Pasquotank;
Mr. Lamb, a bill to repeal an act passed at the last session, directing the manner in which property levied on by sheriffs and constables shall be sold hereafter;
Mr. Williamson, a bill to alter the mode of removing suits from the courts of equity to the supreme court;
Mr. Campbell, a bill further to regulate the pilotage of Cape-Fear;
Mr. Person, a bill to repeal an act passed at last session, for the relief of honest debtors; and by
Mr. Miller, a bill to provide for the appointment of a coroner in the county of Warren.
Which bills passed their first reading.
On motion of Mr. Deberry, the judiciary committee were instructed to inquire into the expediency of providing by law for the payment of witnesses who may be compelled to attend trials in civil cases before justices of the peace out of court, and at an inconvenient distance from their residence.
The bill to authorise the county courts of the several counties in the state to appoint committees of finance, after undergoing considerable discussion and amendments, passed its 2d reading.
Mr. Seawell, from the committee of propositions, reported unfavorably on the petitions of Richard Furniville, Daniel Pegram, and sundry inhabitants of Orange in favor of Elisha Late.
Tuesday, December 11.
Mr. Williamson presented the petition of Jacob Muller of Lincoln county, praying to be divorced from his wife Rachel;
Mr. Raiborn, that of John Massey, praying for a military warrant; and of
Henry Smith, praying for compensation for his services in the revolutionary war;
Mr. Ruffin, the petition of John Hanks, relative to an entry of land in the county of Stokes;
Mr. Hatch, the memorial of the president and directors of the Clubfoot and Harlow's Creek Canal Company. All which petitions were referred.
On motion of Mr. Person, the following resolution was adopted:
Resolved by the senate and house of commons, that a select joint committee be instructed to inquire into the expediency of establishing a new bank, to belong entirely to the state, with such provisions as may have a tendency to relieve the pecuniary distresses of the people, and that they report by bill, &c.
Mr. Williamson, from the balloting committee for a major general of the 5th division, reported that Philip Britain was duly elected.
The following bills were presented:
By Mr. Waugh, a bill to authorize and empower the county court of Randolph to levy a tax complete their court house;
Mr. Lindsay (of Currituck.) a bill to authorize Samuel Slycar, jun. of Currituck, to erect a gate across the public road to Bell's Island; and a bill to repeal part of an act passed in 1811, to compel retailers of spirituous liquors to take up license from the county court.
These bills passed their first reading.
The senate took up the bill to authorize the county courts in each of the counties to appoint a committee of finance. After some debate, a motion was made to postpone the bill indefinitely, it was negatived, 39 votes to 20. The bill then passed its third reading, 31 votes to 25.
Wednesday, December 12.
Mr. Ruffin, from the committee appointed to superintend the balloting for counsellors of state, reported, that William Blackledge, Thomas Wynns, Gideon Alston, David Gillespie, Theophilus Lacey, and Thomas Kenan, were duly elected. One other counsellor remained to be elected.
Mr. Welborn presented the petition of Leonard Whittegren, praying to be restored to his rights as a citizen. Referred.
On motion of Mr. Ruffin, the committee of claims was instructed to inquire into the expediency of allowing Robert Vance, late sheriff of Perquimans, for certain delinquent tax lists.
The bill to provide for the execution of process when there shall be no proper officer in the county to execute the same;—the bill to alter the mode of removing suits from the courts of equity to the supreme court;—the bill to extend the time for the registration of grants, &c. passed their third reading, and were ordered to be engrossed.
Mr. Vanhook, presented a bill concerning the court house of Person; and
Mr. Person, a bill to authorize Martha Glasscock, of Moore, to retail spirits free from tax: which bills passed their first reading.
On motion of Mr. Pink, the committee on internal improvements were instructed to inquire into the expediency of discharging the state engineer.
Mr. Williamson introduced sundry resolutions on the subject of a convention, similar to those brought forward in the house of commons yesterday by Mr. Fisher.
Thursday, December 13
The resolutions on the subject of a convention, were referred to a committee of the whole, and made the order of the day for Tuesday next.
Mr. Peebles presented a bill to compel constables to pay over money by them collected on judgments; and
Mr. M'Leary presented a bill better to regulate the county court of Mecklenburg—both of which were read the first time.
Several other private bills were read.
William Davidson, of Mecklenburg, was appointed the seventh counsellor of state.
HOUSE OF COMMONS.
Friday, December 7.
Mr. Graves, from the committee appointed to wait on governor Holmes to inform him of his election, reported that he would attend to be qualified this day at 12 o'clock. At which hour, he attended in the commons hall, and the usual oaths of office were administered to him by chief justice Taylor, in presence of the members of both houses.
The following petitions were presented:
By Mr. Lamon, from Willie Bunn, of Nash, guardian of Rebecca Thorp, an idiot, praying to sell certain lands of hers;
Mr. M'Comb, from sundry inhabitants of the counties of Iredell, Cabarrus and Mecklenburg, praying for the discontinuance of the new road between Concord and Beattiesford;
Mr. Roberts, from William Harrison, praying for a military land warrant; and
Mr. Andrews, from citizens of Bladen county, praying to be excused from working on a certain public road.
Which petitions were referred.
On motion of Mr. Cowan, the committee appointed to inquire what alterations are necessary in the salary of the secretary of state, were instructed to inquire whether any, and what alterations were necessary in the fees of the clerks of the superior courts.
The following bills were introduced:
By Mr. Peete, a bill to repeal the 1st section of an act passed in 1819, to prevent fraudulent trading with slaves; and
Mr. Roberts, a bill to compel the clerks of the superior and county courts of Surry to keep their offices in Rockford.
Both bills passed their first reading.
The bill authorising the recording of marriage licences was, on motion of Mr. A. Morgan, on its second reading, indefinitely postponed.
A message was received from governor Franklin, inclosing an act of the legislature of Tennessee ratifying the boundary line between that state and this. Referred.
The bill to alter the method of proving book debts, was, on motion of Mr. Stand, indefinitely postponed. 68 to 48.
Saturday, December 8.
Mr. Duke presented the petition of John Ely and Mary Butler, praying for military land warrants. Referred.
On motion of Mr. Alston, the public treasurer was directed to lay before this house a particular account and statement of the receipts and disbursements of the board of internal improvement for the last two years, up to the 26th November, 1821, stating the amount advanced from the public treasury, and the amount paid out of the fund for internal improvements.
The following bills were introduced:
By Mr. Fisher, a bill concerning the town of Salisbury;
Mr. Webb, a bill to repeal the 2, 3 and 4th sections of an act passed in 1811, prescribing the manner of assessing lands in this state for taxation;
Mr. Collins, in pursuance of a petition, a bill to repeal part of an act passed last session, for the better regulation of the county courts of Rutherford, Burke and Lincoln;
Mr. Jones, a bill to amend the 15th section of an act passed in 1784, to prevent the exportation of unmerchantable commodities, so far as relates to the town of Wilmington.
Mr. Sellers, a bill to repeal an act passed last session for the relief of honest debtors.
The three first bills passed their first reading; the 4th was referred to a committee, and the last ordered to lie on the table.
The house proceeded to consider a resolution proposed by Mr. Hillman on Thursday last, rescinding the rule of the house lately adopted directing the order in which business should be introduced. The resolution, after a few remarks for and against it, was agreed to; so the rule is rescinded.
Mr. Hillman, from the committee to whom was referred the reports and resolutions of Maryland and New-Hampshire, &c. on the subject of appropriating public lands for the purpose of education among the several states, reported in favor of a concurrence with the proposition. The report was concurred with, and ordered to be printed.
A number of bills were received from the senate, which received their first reading:
Mr. Stanly, from the judiciary committee, reported a bill to preserve the right of trial by jury in suits at common law, when the value in controversy shall exceed $20, which passed its first reading.
The speaker laid before the house a communication from the public treasurer, inclosing the following statement of the affairs of the State Bank, regretting that he had it not in his power at present, to transmit a like statement in relation to the banks of Newbern and Cape-Fear; but expected to hear shortly from them on the subject.
General Statement of the State Bank of North-Carolina, Nov. 20, 1821.
Specie, Foreign Notes and Bills of Exchange $639,418 09
Bills discounted 2,940,592 18
Due from other Banks 669,513 66
Real estate, including Bank Buildings 128,630 12
Due for unpaid Stock 94,536 11
Bank Stock 1,740,000 00
Currency 31,764 97
$4,521,915 13
Stock subscribed. 1,600,000 00
Notes in circulation 1,978,318 89
Subscription to new stock 125,000 00
Due to other banks 531,608 80
Deposits 266,397 15
Dividends unpaid 8,437 00
General profit and loss (out of which the present dividend is to be paid.) 137,015 29
$4,521,915 13
Specie $533,258 92; Foreign Notes $77,879 50: bills of exchange $28,279 67.
Due to stockholders who subscribed for more shares than they obtained.
This report and statement were ordered to be printed.
A message was sent to the senate, proposing to ballot on Monday morning for counsellors of state, nominating Joseph Gillespie, Wm. Blackledge, sen. Thomas Wynns, John Umstead, Theophilus Lacey, Gideon Alston, and Joseph Pickett.
The message was concurred in by the senate, and the following names added to the nomination, viz: David Gillespie, Joseph Carson, Thomas Kenan, Wm. Davidson, and Benj. Hawkins.
Monday, December 10
Mr. Henry, from the committee on that part of the governor's message in relation to pecuniary embarrassments reported a bill to amend an act passed last session, for the relief of honest debtors.
The following bills were also introduced:
By Mr. Freeman, a bill to establish a poor and work-house in Chatham;
Mr. Cowan, a bill to amend an act passed in 1784, to prevent the exportation of unmerchantable commodities;
Mr. M'Nair, a bill to repeal part of the 1st section of an act passed in 1817, directing a road to be laid out and opened from Fayetteville to Morganton; and also part of the 1st section of an act passed in 1818 on the same subject;
Mr. Hawks, a bill to amend the quarantine laws of this state;
Mr. Slade, a bill establishing a board of Physicians, and regulating the practice of physic and surgery in the state;
Mr. Blackledge, a bill to alter the mode of electing sheriffs, and to vest the right of elections in the free people of the several counties;
Mr. Hillman, a bill to incorporate the Raleigh Female Tract Society.
Mr. Lloyd, a bill respecting grants which have heretofore issued from the office of the secretary of state.
The above bills passed their first reading, except the last, which was referred to the judiciary committee.
Mr. Clement, from the committee to whom had been referred the bill to divide the county of Rowan, returned the bill without amendment. It passed its second reading.
Mr. Strange presented the memorial of the commissioners of the town of Fayetteville concerning the commissions paid to the state by auctioneers. Referred to a committee of conference.
Mr. Gaston introduced a joint committee who had been instructed to inquire into the expediency of which Gen. the several laws establishing county courts, &c.; and to report a bill providing such alterations as they cannot be tried at the usual terms of these courts. The bill passed its first reading.
Mr. M'Lean, from the committee of claims, made an unfavorable report on the memorial of Benj. S. Judah, of New-York, which was concurred with.
A message to the senate proposed to ballot immediately for a major-general of the 5th division, and adding to the nomination, the names of brig. gen. Philip Britain and George Bowers.
Mr. Stanly, from the judiciary committee, reported a bill directing the time and place of sale of lands and slaves, under execution, which passed its 1st reading:
Mr. S. from the same committee, to whom was referred the resolution proposing to allow compensation to Willie P. Mangum, late one of the judges of this state, for holding the superior court of Currituck in the fall of 1820, reported a resolution directing the treasurer to pay the same, which passed its 1st reading:
Mr. Barringer, from the committee of finance, reported in favor of paying Alex. Nicholson, of Richmond county, $97 85, which passed its first reading.
Mr. M'Leod presented the petition of Margaret Martin and others, praying for military land warrants.—Referred.
Tuesday, December 11.
The following bills were presented:
By Mr. Strange, a bill to amend the 8th section of an act passed in 1784, to prevent the exportation of unmerchantable commodities;
Mr. Wilkins, a bill to amend the militia laws of this state;
Mr. Styron, a bill for the better regulation of the pilotage at the port of Ocracoke;
Mr. Leake reported a bill authorising Win. P. Leake to sell certain property belonging to his ward.
Mr. M'Comb, from the committee to whom was referred the petition of sundry inhabitants of Iredell, Cabarrus and Mecklenburg, reported a bill to alter a part of the state road laid out according to the act of 1817.
Mr. Barringer, from the committee of finance, reported a bill to provide a revenue for the year 1822, also a bill imposing an annual tax on stud-horses and jack asses,
Which bills severally passed their 1st reading.
Mr. Burgess presented the report of the superintendents and board of directors of the Roanoke Navigation Company, which was referred to the committee on internal improvement, and ordered to be printed.
Mr. Martin presented a plan for opening all inlet at the lower end of the Albemarle Sound, by A. Albertson, which was read and ordered to be printed.
Sundry bills were received from the Senate which passed their first reading.
Mr. Henry presented the following resolution:
Whereas the navigation act passed by the Congress of the United States on the 18th of April, 1818, countervailing the operation of the navigation acts of Great Britain upon our trade with the West India Islands, has not produced the effect intended of compelling her to either relax or abandon her colonial system; but has, on the contrary, had the effect of destroying an indispensable and lucrative trade theretofore existing between this state and the British West Indies:—Whereupon,
Resolved, that our senators and representatives in Congress be instructed to use their endeavours to have the said act repealed.
Ordered that the said resolution lie on the table till Monday next.
Mr. Styron presented the petition of Thomas Marshall, sheriff of Carteret, praying to be allowed for certain insolvent taxables—referred.
Mr. Brickell, from the balloting committee for counsellors of state, reported that the following gentlemen were elected, viz. Gideon Alston, Thomas Wynns, Wm. Blackledge, David Gillespie, Theophilus Lacy, and Thomas Kenan.
Mr. Fisher presented the following resolution:
1. Resolved, by the General Assembly of the State of North Carolina, that the representation of the people of this state in both branches of the legislature, under the present constitution, is unequal, unjust and anti-republican.
2. Resolved, that this constitution ought to be amended so that each part of the state should have an equal share in the rights of representation upon the principle of free white population, and taxation, or of free white population, including three-fifths of all other persons.
3. Therefore Resolved, that at the next election for members of the assembly, the people of this state, who are entitled to vote for members of the house of commons, be invited to vote at the said election whether they are in favour of a convention, or not, by writing on their tickets, Convention, or No Convention.
4. Resolved, that the sheriff of each county in this state, or other returning officers, be, and they are hereby directed immediately after the next election to ascertain the number of votes given for, or against a convention; and to make out a correct statement thereof, and transmit the same to the governor, to be laid before the next assembly.
The bill to alter an act passed in 1781, for restraining the taking of excessive usury, was read a second time, when Mr. Martin moved that the bill should be indefinitely postponed. After considerable debate the motion was carried, 100 votes to 25.
Wednesday, December 13.
Several bills were received from the Senate, which passed their first reading.
Mr. Shaw presented the petition of James Clark, from Orange county, on the subject of licensed grog-shops; and Mr. Herren, the petition of the heirs of Abraham Ford, praying for a military warrant; both of which were referred.
The following bills were presented:
By Mr. McDowell, a bill to incorporate the Rutherford Agricultural Society;
Mr. Slade, a bill to amend an act passed in 1817, to compel owners of water-mills situated on public roads, to keep in repair the bridges;
Mr. Fisher, from the committee to whom was referred the subject, reported a bill to increase the salary of the Secretary of State;
Which bills passed their first reading.
Mr. Shaw introduced a resolution directing the Treasurer to pay John Graham and John Stockard, their expenses for attending as witnesses at Wake superior Court, in a suit the Governor vs. Col. James Moore.—Referred to the committee of claims.
On motion of Mr. Stanly, the judiciary committee were directed to inquire and to report whether it be not practicable and necessary to obtain an earlier publication of the reports of cases decided in the supreme court.
Mr. Stanly from the judiciary committee, who were instructed to inquire whether any provision ought to be made to enable persons to transmit their cases to the supreme court, &c. reported that it was unnecessary to change the law on this subject.—Concurred with.
Received from the Senate a resolution proposing to appoint a select committee to inquire into the expediency of establishing a new Bank, to belong entirely to the State. The house concurred, and, on their part, appointed Messrs. Alston, Brickell, Spencer, Barringer and McComb.
The house resolved itself into a committee of the whole on the revenue bill,
Mr. Alston in the chair. The committee made sundry amendments therein, but not having got through the bill, rose, asked and obtained leave to sit again.
Thursday, December 13.
Mr. W. D. Smith presented a bill to keep open Ivy river, in the county of Buncombe, as far as Carter river.
Mr. Dawson presented a bill authorising seven acting justices of the peace to perform certain duties, in Halifax, which formerly required a majority.
Mr. Beard presented a bill to repeal part of an act of 1820, respecting the sale of certain lots in Morganton.
Mr. Rhea presented a bill to compel the register of Mecklenburg to keep his office at the court house. Each read the first time.
Several other private bills and petitions were read, when, on motion of Mr. Fisher, the convention resolutions were postponed till another day, and the house resolved itself into committee of the whole, Mr. Alston in the chair, on the revenue bill. After spending much time in its discussion and filling up the blanks the taxes fixed nearly as last year, the committee rose and the house adjourned.
What sub-type of article is it?
Politics
Appointment
Legal Or Court
What keywords are associated?
North Carolina Legislature
Senate Proceedings
House Of Commons
Governor Election
State Bank
Judiciary Bills
Internal Improvements
What entities or persons were involved?
Gabriel Holmes
Hutchins G. Burton
James Mebane
Joseph H. Bryan
John Alston
Joseph Hawkins
John Haywood
Thomas Henderson
William Blackledge
Thomas Wynns
Gideon Alston
David Gillespie
Theophilus Lacey
Thomas Kenan
William Davidson
Where did it happen?
North Carolina
Domestic News Details
Primary Location
North Carolina
Event Date
November 29 December 13, 1821
Key Persons
Gabriel Holmes
Hutchins G. Burton
James Mebane
Joseph H. Bryan
John Alston
Joseph Hawkins
John Haywood
Thomas Henderson
William Blackledge
Thomas Wynns
Gideon Alston
David Gillespie
Theophilus Lacey
Thomas Kenan
William Davidson
Outcome
gabriel holmes elected governor after multiple ballots; joseph hawkins elected comptroller; john haywood elected public treasurer; thomas henderson elected public printer; counsellors of state elected including william blackledge, thomas wynns, gideon alston, david gillespie, theophilus lacey, thomas kenan, and william davidson; various bills passed, rejected, or referred; resolutions adopted on banks, courts, and state affairs.
Event Details
The North Carolina Legislature convened in sessions from November 29 to December 13, 1821, with the Senate and House of Commons presenting and debating numerous bills on topics including lands, courts, slaves, banks, fisheries, academies, and internal improvements; multiple ballotings for governor and other officials; committee instructions and reports; petitions referred; and resolutions on financial statements, judicial districts, and constitutional amendments.