i*0litie w uuhtm vol 1 third series salisbury n c monday february 19 1860 no 7 whole no 1698 terms : weekly 1 year j,l nn " i mouths _ k " 1 month 00 cash m advance kates of advertising : one square space of 12 lines lirst insertion 1 00 " " 2d 3d and lib insertion each nil " " fur each additional publication 33 brut a liberal discount to lliosc advertising six and twelve months north carolina legislature called session senate wednesday feb 7 1s60 i'raycr by rev mr bird latham from the committee on incor porations to whom was referred the bill to incorporate the carolina joint stock insurance company reported buck the same recommending that it do pata carter appeared was qualified and took his seat morehead introduced a resolution to inquire into the expediency of having the whole or a portion of the state print ing executed at the olfice of the deaf dumb and blind asylum the resolu tion was adopted mr mckay introduced a resolution to inquire into the expediency of drawing jurors summoning jurors c in the courts referred to tho judiciary com mittee a message was received from the house proposing to go into an election for councillor of state not agreed to a message was receivep from the house transmitting the following en grossed bills and resolutions : a bill to charter the high shoals bailroad company a resolution defining the duty of the governor with reference to the distribu tion of the act for the more complete re organization of the state government a bill to restore jury trial in criminal cases in the courts of pleas and quarter 6c6sions of the state mr wiggins presented two names to be added to the list of justices of the peace for the county of halifax snead presented twenty-one names to be added tothe list of justices ofthe peace for johnson county a bill to amend an act entitled an act for the relief of landlords was mi motion of whitford referred to the com mittee on judiciary tho unfinished business of yesterday — being the bill providing for the pay ment of interest on state bonds now due — was taken up but the discussion of it was interrupted by the arrival of the hour specially appointed for the consid eration of the bill prohibiting the distil lation of spirituous liquors from grain — pending the discussion of which a message was received from the house proposing to go into an election of one trustee for the • university which was concurred in the senate voted as follows bynum 33 hyman j and hoke 1 much debate ensued on the bill re garding distillatiou when the senate ad journed on motion of howard till to morrow at 11 o'clock house of commons wednesday feb 7 1866 the house was called to order at 10 o'clock a m the journal of yesterday was road and approved mr campbell commoner elect from iredell county to fill the vacancy creat ed by the resignation of l q sharpe esq appeared and was qualified hutchison introduced a bill to author ize the construction ofa toll bridge across the catawba river at or near the rock island factory between the counties of mecklenburg and gaston cowan a bill to incorporate the bla den land company murrill a bill to incorporate richlands female academy in the county of ons low this bill passed its several readings under a suspension of tho rules caldwell a bill to legalize the trans fer of registered bonds of this state to bearer gaines from the committee that su perintended the election on yesterday for two trustees of tho university re ported the election of wm a jenkins esq on motion of waugh a message was sent tothe senate proposing to go forth with into an election for a councillor of of state to till the vacancy created by the resignation of w av lenoir esq mr mcaden by leave introduced a bill to amend the charter of the town of graham special obdeb at eleven o'clock the house proceed ed to consider the bill to create a state agent on its second reading russell said that ho stood alone on the committee on federal relations iu oppo sition to the bill and wished briefly to state the reasons of this opposition the bill proposes to create an agoney at washington city to aid in the collection of claims against the government mid to take supervision not only ofthe interest of the state at large but also of those of individuals the duties of the position would crush any man the office would seem to bo intended as a substitute for senators and representative it would be as well perhaps for sumner or iliad stevens to propose a constitutional amendment superseding congress alto gether as it would be much cheaper to transact thepublic business through such agents adverting tothe right of the proposed agent to employ counsel mr r suggested that the direct employment of counsel when needed would be cheap er and better as north-carolina would have but few claims to prosecute for years to come and her people should not be taxed to further the collection of individual claims state agents at wash ington wero needed by northern and western states to collect bounties pensions and other claims ot soldiers — their widows and orphans how many soldiers he asked from north-carolina would get pensions from the federal government without an agent there had been during the provisional govern ment such an agen y at washington which had doubtless done much for the relief of our people but he deemed there was no necessity for its continuance or else the governor would have recom mended it cameron said that the majority of tho committee thought the creation of this office would be materially beneficial to the state he had an interview with j the assistant postmaster general and : others conversant with such matters who confirmed the opinion of the com mittee as to the advisability of having an agent at washington acquainted with the president and heads of departments and their modes of transacting business the salaay proposed 4,000 was cer tainly moderate we could not expect din agent to live in a rat-hole and pre sent a seedy appearance rnssell moved an indefinite postpone ment of the bill waugh opposed the bill and called attention to the fact that a resolution had passed the house of representatives de daring tiiat no claims from southern states shall be considered for the present it was no time to creajc new oikces or to tax the people further than absolutely | necessary his section of the state was 30 impoverished that the dogs like josh killings wore seeking new homos lie was unwilling to tax the people to pay mi agent to obtain pardons for the poor unfortunate persons who were so veiy criminal as to potsessmorc than 20,000 henry of bertie urged the passago of bill and objected to the levity with which it had been treated lie hoped it would be discussed solely upon its mer its as an oflset to what the gentleman from surry bad said ot tbe action of the j house of representatives postponing in definitely the consideration of southern ' claims henry 6tated that the judiciary committee had reported recently in the uuited states senate in favor of receiv ing and adjudicating such claims was north carolina to stand back alone in poverty-stricken pride while other states iiad their claims adjusted ? the creation of this agency would not add materially to the burthen of taxation and he for one would bo willing himself to pay his county's quota of such taxation rather than such agency should not bo estab lished waugh again addressed tho ilouso opposing the measure a6 wholly unnec essary adverted to the refusal of con gress to modify the test oath so as to give our people ordinary mail facilities and asked if it was not notorious that the only test of loyalty was sneezing simul taneously with stanton suninei and wilson he was not unwilling to the creation of an agency to be sustained by voluntary contributions — as suggested by the gentiema.il from bertie as we are regarded by the radicals as aliens and foreigners wo had better have a minis ter plenipotentiary laughter if this agency is to be created ho should be in favor of providing that the salary shall be paid in stato treasury notes of a de nomination less than one dollar hereto fore issued 1 renewed laughter j cameron said the gentleman from sur ry had set himself up as the wit f tho house and he had no idea of competing for that honor that gentleman had said that his people were so poor that the do^s wero leaving homo it was pas sing strange thon that he should oppose a little outlay that would enablo them to keep their dog3 at home and fatten them the gentlemen said that few of bis peo ple needed pardon under tho 20,000 exemption it would seem that the wealthy only had the gentleman's sym pathies for his part he cured more for the poor of tho land the resolution postponing the consideration of claims from the south had passed but one branch of congress as to the test oath ho inferred from what had been said that thoro wero persons in tho gentle man's section who could take it and ho had good reason to believe that a state agent could do much towards procuring the re-establishment of mail facilities — there were numerous individual claims which could bo presented by no one so well as an accredited state agent con versant with the the department and their modes of business ho ha i not thought of that before but ho had per haps a claim of his own sherman's army had taken ovory thing he had j they did'nt leave him moat enough to greiire a gimlet or meal enough to bait a bird-trap laughtei ho would have been too poor to have fed his dogs if they had'nt killed them they left hitn no clothes but thoso on his hack and they wore out at the elbows right smart ho had been a consistent opponent of secession from the very first and this hud been the usage he hud received an intelligent agent at washington could materially aid our people in prosecuting claims to a successful issue the question recurring tho bill was indefinitely postponed 1 eas 67-nays 31 a message was received from the sen ate proposing to raisu a joint select'eoin inittee to take into consideration the ex pediency of having the state printing and binding done at the institution for the deaf and dumb and blind concur red in a bill to authorize the banks of the state to subscribe for stock in tho na tional bunks was made the special order for 11 o'clock on tuesday next a bill to allow persons of indian blood to bear testimony in controversies at law ! and in equity was made the special or der for wednesday next at 12 o'clock m a bill further suspending the opera tion of the statuto of limitation jiasscd its second reading 1 a bill to incorporate the english ami american wool and vine-growing mi ning and manufacturing company — passed its third reading a bill to incorporate the trustees of the geueral assembly of the presbyte rian church of the united states of america was put on its third reading on motion of hutchison the bill was amended by striking out the words of america the bill thus amended passed a resolution in favor of a w fraps passed its several readings marler by leave introduced a bill in favor of j b spaiuhour tax collector of ilurko county smith of hertford reported a resolu tion for the relief of the university — appropriates s7,0u0 to that institution smith of hertford cameron manly ind mckay urged tbo adoption of the solution under a motion of the lirst lamed to suspend the rules 1 1 ' ol tut t opposed ii suspension of the iile nnd thought the consideration of the resolution should bo postponed for the present mr everett opposed the resolution ho did not see that the university lad greater claims than individuals who lad sustained losses by the war lt would jeggar the state to extond relief in all cases waugh moved to amend tho resolu tion by appropriating the further sum of 5o,000 for the common schools of the state crawford moved to amend the amend ment by making the appropriation for common schools 200,000 the amend ! ment to the amendment was rejected the resolution then passed its 2d read ing as follows : yeas 62 — nays 34 1 the resolutions then passed their third reading leave of absence was granted messrs simmons and fj ythe the senate by message refused to con cur in the proposition to elect a coun cillor of state \ on motion of mr wilson a message was sent to the senate proposing to elect forthwith a trustee ofthe university — the senate by message announced its concurrence and the limine having vo ted adjourned until 10 o'clock to-mor row senate tiiuksiiay feb 8 1866 prayer by the rev dr mason of the episcopal church mr wiggins from the committeo on finance to whom was referred the reso lution instructing them to inquire into the expediency of transferring t ho fund known as tho literary and school fund to the state treasury reported as con sideration of tho same begged leave to introduco a bill and recommended its passage regarding tho resolution iu reference to the sinking fund the com mittee asked to be discharged from its further consideration tho report was ordored to bo printed mr black introduced a resolution in structing the public treasurer to pay over to tho trustees of the county of randolph 260 referred to couituittoo on propo sitions and grievances a message was received from the house transmitting the following en grossed bills and resolution a resolution for the relief of the uni versity of north carolina — proposing that the sum of seven thousand dollars be appropriated for use of tho university read and passed a bill to authorise tho formation of tho english and american wool and vine-growing manufacturing mining and agricultural association iu tho united states referred to committee on cor porations resolution in favor of a w fraps i'assed a bill to incorporate the trustees of the general assembly of tho presbyte rian church in the united states was roferred to the committee ou incorpora tions a hill to incorporate richland fe male academy in onslow county read 1st time and referred to the committee on incorporations mr howard from tho committeo on judiciary to whom was roferred tho res olution authorizing certain proceedings iigninst the cnpu fear navigation com pany reported back the same mr mclean presented two names to be added to the list of the justicos of the peace for the county of cumberland mr morgan three for tho county of pus iuotank ; mr boyd ten for the county of inure mr wilson introduced a bill to incor porate " rock island manufacturing company in mecklenburg county — referred to tho committee on proposi tions and grievances the hour specially appointed for the further consideration of the bill regard ing the prohibition of tho distillation ot grain having arrived tho debate on the subject wns resum ed with considerable warmth the bill was finally rejected by a vote of 21 to 25 the senate adjournd till to-morrow at l'j o'clock house of commons tin kshay feb s 1s66 the house was called to order at 10 o'olock a m the journal of yesterday was read and approved mr gaines from the committeo that superintended on yesterday the election for one trustee ofthe university ropor ted there had been no election bills isteoduced mr candler introduced a bill for the relief of landlords mr garland a bill to prevent obstruc tions to the free passage of iish in caney river iu tho county of yancey on calendab a bill lo establish a ferry on uiwasseo river was laid on the table ou its second reading a resolution in favor of jacob siler agent of tho stato for the collection of cherokee bonds passed second and third readings a bill concerning the north carolina institution tor the deaf dumb and blind passed second and third readings ap propriates the sum of 20,000 for the support of the asylum a bill further suspending the opera tion of the statute of limitations pas ted third reading mr murphy by leave introduced a resolution to refer so much of the gov ernor's message as relates to tho attor ney general to the committee ou judi ciary mr waugh introduced the following : rebel veil that the governor bo re quested to inform this general assem bly whether from his correspondence with manufacturers of artificial limbs or otherwise he has satisfactory information whether an artificial arm is of any utility or merely ornamental ; also what the ar tificial arm will cost and tho probable number to be supplied under the resolu tion of this general assembly ratified on the 23rd of january last these resolu tions were adopted the speaker presented the resignation of neil mckay esq commoner from harnett to take effect on monday next the 10th inst special obdeb at twelve o'clock m the house re solved itself into committee ofthe whole to consider the bill concerning negioes indians aud persons of color or mixed blood mr rayner was called to the chair the question recurring on tho motion to strike out the eleventh section of the bill mr dargan addressed the commit tee he said this was a question on which the people of north carolina would hold their representatives to a strict individual responsibility wo had been too prone heretofore to yield to outside pressure and follow the lead of prominent men who were not repre sentatives the rushing of this bill thro the house in such hot haste was fraught with danger to tho rights liberties and lives of our people the bill proposed to allow negroes to testify in their own cases suppose an unfortunate white mini should in sudden conflict witli a party of negroes happen to kill one who could doubt that the bias of tho negro witnesses their sympathy for tlicir fol low — would prejudice the white man and lead to judicial murder there had been no expression of popular opinion upon tho subject and tho action proposed was premature he should never assent to the grant of such franchise until the ne gro is educated and christianized altho no one had kindlier feelings towards that unfortunate race than he ho had owned many had never punished one ; on the contrary ho had only been too indulgent it was now proposed that the negro — a creature swayed by impulse and passion i — who was influenced more by stomach than intellect—to whom the proffer ofa hog jowl was an iiresistuble argument should bo licensed to swear against the lives and property of tho white men — we had no reason to believe that the concession of this franchise would lead to a demand for negro suffrage and might ultimately result in negro equali ty mr i adverted to the worthless ness of negro testimony — aud his prone ness to perjury the negro's sole idea of freedom was that it meant every right and immunity that white men enjoy — : thriftless improvident depraved und il literate the sounds of their fiddles might bo heard at night in the various shebang's of tho city such wero the creatures it was proposed to admit to the witness-box mr ilyman moved to amend the bill by adding to the eleventh seotion u pro ' viiso that it shall not go into effect until tho military aro withdrawn from the state mr ilyman said he was opposed to btriking out the section it was time for north carolina to act other states south had acted already the negro was entitled to onr sympathy ihey no longer had the protection of masters and blioilld now be given the protection of courts they had acted during the war and proven true generally to their owners and the sympathies of their hearts in the name of justice they weri entitled now to this boon mr luke addressed the committee at some length in favor ot the motion to strike out mr mcdonald said that after mature re floctiou he had determined to vote for the measure believing it to be morally right as well as politic the house had just heard the first chapter of luke and he would suggest the propriety of call ing up the mourners and that a front seat be cleared for that purpose laugh ter mr ilyman withdrew his amendment mr moore of martin moved to amend by adding a proviso that in all such cases tho testimony of such wit nesses shall be given viva voce in open ' court and not in the form of deposition and that the parties may be admited to their own oaths this amendment was also withdrawn after discussion with the understanding that it will be hereafter presented in the house mr manly addressed the committee he had at lirst thought it were better to say to the negro stay where you are at present await the development of circumstances the question had great ly embarrassed him but a number of considerations had led him to the con elusion that it is best for us in view of all the circumstances to enact the sec tion into a law mr allison moved to amend the sec tion by sinking out the words against a white person and inserting the word all — thus giving the right to testify in in etll controversies not agreed to the question recurring on the motion to strike out the section a vote was had by tellers and the liouse refused to strike out ayes 47 nays 56 the committee rose reported progress and obtained leave to sit at 11 o clock a m to-morrow the house then adjourned until 10 o'clock a m to-morrow senate fbiday feb 9 1s66 prayer by rev dr smedes mr gash presented a memorial sign ed by a number of citizens of buncombe county praying tho general assembly not to levy certain taxes on lands which was referred to the committee on finance mr wiggins from the committee on finance to whom was referred the com munication of the governor in reference to property claimed by the state report ed back the same asking a discharge from its further consideration it was referred to the committee on judiciary mr bogle from the committee on ju diciary to whom was referred the bill to prevent obstructions to the passage of iish up the catawba reported back the same recommending its passage mr howard from the judiciary com mittee to whom was referred the bill to amend the 83d chapter of the itevised code reported back the same recom mending its passage tho committee asked to be discharged from the further consideration of the resolution instruct ing them to enquire into tho expediency of amending the law regarding grand jurors o«.'c mr keener from the committee to whom was referred a resolution in favor of cherokee indians reported back the same ; begged leave to introduce a bill and recommended its passage the bill passed its second reading mr carter introduced a resolution au thorizing the sheriff of beaufort to col lect arrears of taxes for the year 1s59 i860 and 1861 ; which was referred to the committee on judiciary the bill providing forthe issuing of treasury notes in payment of interest on state i'oiids was taken lip mr berry advocated it he said it was the paramount duty of the legisla ture to prepare for the people a proper j circulating medium a great respousi i liility rested mi this assembly to retrieve tho character ofthe old north state mr ffoward specified his objection to ; the bill thought the measure proposed was a roundabout way of doing what should bo accomplished directly air carter thought it was one of tho most important bills before the legisla ture and advised a more serious consid eration of it the credit of the state should not be impressed on such shabby scraps of paper as had heretofore been circulated ilr morehead had already defined his position and was not disposed lo go over the same ground why did not the sen tors who wished to reject the bill pre sent a more meritorious one '. the question on the passage of the b'.ll resulted in yeas '.), nays al a message was received from the house transmitting the following en grossed bill aud resolution : resolution in favor of jacob siler — passed a bill further suspending tho opera tion of the statute of limitations re ferred to the committee on judiciary air bynum introduced a bill to estab lish rates of interest ; which was referred to the committee on judiciary a communication to the assembly from the state comptroller was received read and sent to the house the special order a bill to amend an act entitled " an act to incorporate the western north carolina railroad com pany was taken up mr bynum from the committee to whom was referred the bill submitted a report recommended its passage re jected on its second reading by a vote of yeas 16 nays 23 a bill to amend an act passed at tho session of 48-49 regarding the western turnpike road was laid on the table mr fcrrebeo introduced a bill refer ing certain resolutions in favor of the old dominion trading company re ferred tu the committee on finance after leave of absence for some days had been granted several members the senate adjourned till to-morrow at 11 o'clock house of commons fitniay feb 0 1860 the house was called to order at 10 o'clock a m prayer by rev dr smedes of the pro estant episcopal church the journal of yesterday was read and approved sundry reports were made from stand ing committees ' mi dunn introduced a resolution in structing au enquiry by the judiciary committee as to the propriety of enact ing a mechanic's lien law mr smith of hertford from the se leet committee on tho sinking fund submitted a detailed report in relation to said fund and its management ac companied by the following resolution : l resolved that the commissioners of the sinking fund for tho ability faith fulness and integrity with which they have discharged their onerous and re sponsible duties retain the undiminished confidence ofthe general assembly the resolution was adopted and the re port was ordered to be printed mr allison rose to a personal explan ation in the report of legislative pro ceedings in the morning papers it was stated that the amendment he offered in committee ofthe whole to the 1 1 tli sec tion of the bill in relation to negroes indians and persons of color proposed to allow colored persons to bear testimo ny in all controversies such was not the purport of the amendment it only proposed to admit negro testimony iu controversies to which they are parties the section without such amendment permitted the negro to testify against white persons but not in their own favor it was with a view to obviate this that the amendment was offered the re porter makes this correction very cheer fully not having had the bill before him ho naturally mistook the effect of the amendment mr cox introduced a liill for the re lief of the sureties of j r white lato sheriff of perquimans couut on oalendab a bill to alter the county line between the counties of mitchell vnd yancy was put on its second reading mr mailer opposed the passage of the bill the county-seat of mitchell had had been removed to the western-end of the county and the object of this bill was to render that county-seat central by adding to the county of mitchell a por tion of the county of taney the re gion proposed tube thus added to mitch ell county was a scope of rough moun tain country sparsely inhabited ho had at his room a petition signed by over 200 citizens of mitchell county against a bill passed at tho last session altering the location of the county seat of said county lie had received it af ter the passage of the bill mr garland urged the passage of the bill it did not have the object alleged by the gentleman from burke he did not interfere in the internal affairs of other counties and did not recognize the right of others to interfere in tho mat tors in wieh they wero uninterested the bill passod its socoud reading bpbcial obdeb at eleven o'clock a m the ii 0us0