The Weekly Standard from Raleigh, North Carolina • Page 4

-3- the LEGlSLATliAUi Of JNOUTH CAROLINA. cerned. In reply to the allegations of the neglect oi agricultural interests, he drew attention to the printed volume now lying on each member's, desk, devoted exclusively to-that subject and showing Dr. Emmons had even penetrated Nash, though the Senator from'thatcount wasiiot aware it He contended that the; charges must recoil upon the Governor, though they were not sustained. In conclusion, he declared it was news to him that the minerals of Deep River were not discovered, practically, by Dr.

crease in the revenue would be from? 10 to 30 per centn pehfeiluaoil if the plan suggested in the bill ere adeptedS? MjfWortt as he ofjthe committee who had reported against thrbill; fare some of the reasons by cfmfiftlfee actuated. He admitted semi of the evils pointed out by Mr. Edney but thought that when magistrates were paid a reasonable compensation (as provided by a bill now pending,) the lists of taxables would be more carefully taken. The duty now imposed on sheriffs was not complained of in his section, and he considered the bill a great innovation cause. nual appropriation of $5,000 to this survey, and asked if the Senate thought that was alLj He had been informed by a Senator who had paid some attention to this matter, that the actual sum was abouj three times that amount M.

Cowper. I said it was about annum. Mr. Steele. Wrell there was the cost of printing common wood-cuts, representing pictures of little fishes and dead tadpoles.

(Laughter.) And Mr. S. pictured to the Senate the room formerly consecrated bv the eloquence and learning of our most eminent judges, now filled with rocks and birds, which had no more connection with North-Carolina than with the man in the moon. He did not know where they came from. But l)r.

Emmons had not done his duty the objects of his office were not carried out. The only way to reach the evil was to strike at the root and abolish the office. When the proper man for the office was found, then the Legislature could re-enact it. As to the Senator's allusion to the means of defence in protecting the rights of the South, all he (Mr. would say was, if they depended upon the labors of Dr.

Emmons, they rested upon a weak foundation. Mr. S. denied the conclusion as to the national works being attributed to Dr. Emmons.

The State could buy his books manufactured in his private study much cheaper than it obtains them now. And Mr. S. doubted if the State reaped the sole benefit from those books for, he asked, can they not be found in every State in the Union, and the copy right ought to be with us. He had heard of their being bought in the city of New York.

Jn conclusion, he asserted that the character of the Egypt coal mines and the capital invested in them, were attributable to none other than Dr. Jackson, of Boston. Mr. Donnell, as one of the committee who had reported on the bill before the Senate, felt some interest in this question and had paid patient attention to the discussion so far. But he felt bound to say that not one argument pertinent to the subject had been urged by the friends of this bill.

It was proposed by the bill to abolish the office of State Geologist. Had one single remark from either of the Senators who had spoken in its support, been urged against the institution? The Senator from Richmond, (Mr. Steele,) had approved it, and still sanctioned the objects of it. If it be properly carried out, that Senator was and would continue to be a supporter of it. What argument was that, asked Mr.

against the institution? Merely because they had a man whom they allege to be unfit for the office 'Mr. Donnell wojld assume that Dr. Emmons was unfit for the office. Who put him there Had the Senate not the manliness to demand his ejection by a direct vote The incumbency of such an officer was no reason for the abolition of the office. If he was unfit for the station, he, Mr.

Donnell, called upon the Seuate to have the independence to instruct their Governor that he had appointed the wrong man and to demand his removal. That was the real state of the question before the Senate. When Dr. Emmons was put upon his trial he Mr. would enter into the investigation fear Le noir county Ut.

Costnerj restore jury trials in Lincoln 1 coun- Mr. Regan restore jury trials in Gaston county MnJIatQhitKfi.tp chater Deep River Coalfield Railroad Company Mr. Pritchardto improve Big Sugar Creek in Mecklenburg county. A number, of engrossed bills from the Senate were read which will be noticed 'on their second reading Mr. Reeves moved to suspend the rules and take up the bill abolishing the geological survey.

pu.jtc ted. The following bills passed their third reading, and were sent to the Senate The bill4o require oaths of office from the clerks of the General Assembly The bill to. charter the Wilmington Hotel Company The bill to charter the town of Mt Pleasant. Cabarrus county The bill concerning magistrates in Onslow countv. On motion of Mr.

Love, Haywood county was ad ded, as were likewise Duplin and Caldwell. The bill to amend cer' a sections of the Revised Code, relative to oysters and other fish, as far as relates to Tyrrell county. The bill to authorize the justices of Cumberland county court to appoint a special term. On motion Duplin county was added. BILLS ON THEIR SECOND READING.

The bill to charter the Black Mountain Turnpike Company. On motion of Mr. Hill of Stokes, the word perpetuity" was struck out and 90 years'' insvrteii. The bill to distribute the literary fund aceoru to the present basis of populaiion. Mr.

Byrd made a speech in favor of the bill. As we understood him, his projlosal was to distribute the literary fund in the several' counties, among the citizens who would pay the interest ofthesums distribuudto the common school fund as at present, lie said $40,000 of the fund, distributed. in Yancy county would confer a great benefit on his constituents. Some humorous amendments were proposed, but on motion of Mr. Fleming the bill was kid on the table.

ELECTING CLERKS AND MASTERS. The bill for providing for election of clerks and masters in Equit' by the people was read. The repoit of the judiciary committee against the passage of the bill was read. Mr. Masten was sorry to take issue with the committee on the judiciary, on this question, and went into a history of the clerks and masters appointment by the Judges.

He complained of the high fees charged by these officers, which grievance, if thev were elected by the people, would soon be remedied. If so elected there would be no contested election case before that House. Having spoken at much length in favorof the principle he hoped there were no gentlemen in that House opposed to the election lv the people. There were -Hiany officers imposed on the people by appointment, which this bill would prevent a repetition of. Mr.

Kerr, as chairman of the judicary committee, gave the reasons for reporting adversely. It was that the office might be united with that of clerk of the Superior Court. He was not opposed to election by the people, but merely that it might be abolished, and its duties transferred to the clerks of the Superior Courts. Mr. Dortch thought the people did not ask for this measure, and therefore he opposed it.

Mr. Fleming was opposed to abolishing the office and in favor of election by the people. Mr. Kerr explained he was not against the people electing what officers they pleased. lie had no doubt but they would make better elections than many of the present appointments.

Mr. Dula was in favor of the bill. The bill passed its second reading by a vote of 79 to 26. I CONTESTED SEAT. The resolution from the committee on privileges and elections, declaring the member from Chatham ineligible to a scat in that House, was taken up as a special order.

Mr. Taylor declared if he consulted his own feelings, he would not open his mouth on the question, but it was his duty to defend the rights of his constituents. He read the opinion of the Hon. G. E.

Badger in favor of his eligibility, and read from various authorities to prove he was not a minister of the gospel in the way contemplated by the clause in the constitution. Mr. Hall, of Warren, explained his reasons for introducing the resolution, and expressed his intention ot voting in tavor ot Mr. laylor holding his seat Mr. Kerr, after a few remarks, expressed his in tention of voting for the resoultion.

Mr. Morehead explained the origin of the clause in the constitution, and argued that it did not con template the exclusion of the member from Chat ham who had not "pastoral charge'' according to the intention of the. act. Mr. Scales offered an amendment to the resolution, that the member from Chatham not being in the exercise of pastoral charge is entitled to his seat in this House.

The amendment was adopted. The resolution, as amended, passed by a vote of 94 j-eas to nays. The bill to incorporate theOrange Guards of Hillsborough, passed its second reading. DANVILLE CONNECTION. The bill to incorporate the Greensboro' and Danville railroad was made the special order for Tuesday next at 12 o'clock.

The bill to prevent horse stealing. Mr. Shaw spoke in favor of the bill which passed its second reading, 59 to 31. LITERARY LECTURE. On motion of Mr.

Ken- the use of the Commons Hall, was granted on the evening of the 2-Sth inst. to the Delta Pri. Society, to have a literary lecture therein. The House adjourned at 2 o'clock. Thursday, Dec.

10, 1858. SENATE. The Senate was called to order at 10 o'clock no prayers. REPORTS OF COMMITTEES. Mr.

McDowell, from the committee on education and the literary fund, reported against the passage of the bill to provide for the distribution of small silver coin. Mr. Humphrey, from the committee on corporations, a substitute for the bill to' incorporate the Christian Gold Mining Company, and recommended its passage. Mr. Edney, from the committee on internal improvements, to wh6m had been referred the bill to confer the preponderance of power in the management of railroads partly owned by the State on the individual stockholders, reported the bill back with an amendment limiting the operation of the bill to the Atlantic and North-Carolina, the North-Carolina, and the Western North-Carolina Railroads.

The bill proposes seven directors instead of four, on the part of individual stockholders, and five on the part of the State. Mr. Houston, from the' committee on the judiciary, reported at considerable length against the bill proposing to enlarge the powers pf married women in respect to property. Mr. Dobson, from the sanW committee, against the bill to amferfd the 20th secf 31st chap.

Revised Code. BESOLCTIONS. Mr. Battle offered a resolution requiring the public treasurer to refund to T. Strader certain moneys.

Referred to the committee on claims. Mr. Houston moved that a message be sent to the House proposing a joint select committee to fix day for the definite adjournment of both houses for the Uhristmas holidays. Concurred in. NEW BILLS.

Mr. Pitchford introduced a bill to amend the id "clause 23d sec. 34th chap. Rev. Code.

Referred to the committee on propositions and grievances. Mr. Donnell, a bill to amend the 30th sec. 107th chap. Rev.

Code. Mr. Walkup, a bill to improve the organization of the Militia. Military affairs. Mr.

Ward, bill to amend the 29th sec. 45th chap. tier. Code. -Mr.

Pitchford, a MILtomcorporate the Warrenton Savings Bank. Banks and currency. Mr. Ward, a bill to alter the time of holding tne Courts of Pleas and Quarter Sessiona of Jones -ujioiary. A A th coun- A message from the House announcing the pas sage of the engrossed bill to amend the act creating a sinking fund, Mr.

Whitfield, concerning witnesses in Mr. Bridgers supported the amendment, which was adopted Mr. Morehead, at some length, opposed the but Mr. Meares defended he company from the remarks of Mr. Morehead The bill was rejected, 68 to 4tf UNIVERSITY TBrSTKES.

Mr. Scales moved a message be. sent to the Senate, proposing to enter into an election for University trustees. Mr. Chambers wished the election to be deferred for a few clays, in order to have arrangements made that the different religious denominations might be fairly represented in the new trustees.

He com-, plained that the Methodist and Baptist churches were not' represented at all in the present board. Mr. Lewis also wished to postpone in consequence of the absence of several members who desired to be present at fhe election. Mr. Kerr was opposed to any delay, and protested against the election of trustees being influenced by any religious feelingspr prejudice.

Mr. Fagg was in favor of delay, in order to select a representative of the interests of the extreme western section of the State. The motion was laid on the table. The bill abolishing the office of State Geologist was read. Mr.

Dargan churned the credit of having had this bill passed four years ago, though the vote was rescinded in his absence. He was still opposed to continuing the office, and made one of his usual vehement and humorous attacks upon Prof. Emmons, the museum in the capitol, and every thing connected with the geological survey. Mr. Reeves who introduced the bill, had the law establishing the office read, and then made a strong appeal to the House to abolish the office.

The bill passed its second reading by a vote of 101 to 5. Mr. Reeves moved to suspend the rules and put the bill upon its third reading. Rejected. Mr.

Morehead in moving the- reconsideration of the vote, passing the bill, made a strong appeal against the decision of the House. He pointed out the benefits conferred upon the State by Mr. Emmons' exertions. The passage of the bill would be considered as casting censure upon Gov. Bragg and the Literary Board, who had the appointment and superintendence of the geological survey.

Mr. Dargan opposed the reconsideration and denied that the Professor had benefitted the State. Mr. Morehead replied, urging his former reasons and recapitulating the various services of Professor Emmons. Mr.

Sparrow spoke at length and with much force against abolishing the law, and defended the Professor from the attacks made upon him. On motion of Mr. Fagg, the reconsideration was laid on the table. The House then adjourned. Wednesday, Dec.

15, 1858. SENATE. The Speaker called the Senate to order at 10 o'clock prayer by Rev. Mr. Skinner.

Mr. Ramsay presented a pcttiion from Reuben J. Holmes, of Gold Hill, asking a modification of the law regarding tenements. Referred to judiciary committee. REPORTS OF COMMITTEES.

Mr. Houston, from the committee on thejudicia-rv, reported a bill providing for the election of a sheriff for Cabarrus count-. Mr. Humphrey, from the committee on corporations, reported favorably on the bill to incorporate the town of Newton. Mr.

Brown, from the committee on banks and currency, in favor of the bill to amend the charter of the Bank of Cape Fear, with an unimportant amendment. Mr. Cowper, from the committee on finance, to whom had been referred the books, of the Comptroller's office, reported that the committee had discharged their duties and found all correct. Report concurred in. Mr.

Davidson, from the committee on claims, re-ported favorably on the resolution in favor of Mrs. Sarah Johnston. Mr. Edney, from the committee on internal im-j provements, in favor of the bill to amend the char-. ter of the North-Carolina Railroad Company, from the same eommitttee, a substitute for the bill to amend the charter of the Wilmington, Charlotte and Rutherford Railroad Company, and recommended its passage.

RESOLUTIONS. Mr. Davidson offered the following resolution, which was adopted L'exolred, That the committee on banks and currency be instructed to enquire into the expediency of re-chartering the Bank of the State, or charter-, ing a new bank, or providing some other fiscal agent for the State, and that they report by bill or other-i wise. Mr. Leacli presented a resolution to refund to J.

A. Vinson, sheriff of Johnston county, certain overpaid moneys. Referred to the committee on claims. NEW bills. Mr.

Boyd introduced a bill to amend an act enti-I tied an act creating a Sinking Fund. Mr. Boyd ex-j plained that under the present law the commissioners of the sinking fund could not hold a meeting unless every member was present. This led to numerous inconveniences and it was proposed the present bill to ainend the law so as to provide that a majority could hold such meeting. He further stated that the Board would meet in a day or two, and it was important that the bill should be passed spec dily.

Under this explanation, the rules were suspended and the bill passed its several readings and was or- dered to be engrossed. Mr. Basnight introduced a bill to incorporate the Fairfield Canal Company. Referred to the committee on corporations. Mr.

Bledsoe, a bill to incorporate the Bank oi North-Carolina. Referred to the committee on banks and currency, and ordered to be printed. Mr. Donnell, a bill to incorporate the Lake Landing Canal Company. Corporations.

Mr. Cowper, a bill to authorize the Public Treasurer to pay interest on bonds in certain cases. Finance. A message from the House transmitting a message from the Governor with the resignations of sundry justices of the peace. Also, transmitting the biennial report of the President and Directors of the Literary Fund, with a proposition to print Concurred in.

Also, transmitting a memorial from Hon. D. L. Swain and Rev. Dr.

F. L. Hawks, with a proposition to print Also concurred in. BILLS ON THEIR PASSAGE. The bill to amend the charter of the Quallatown and Oconalufta Turnpike Company passed its third reading and was ordered to be engrossed.

The bill to amend the 2d sec. 28th chap. Rev. Code, entitled County Revenue and Charges passed its second reading. This bill extends the time for sheriffs' settlements till the first court after the 31st December each year, but refers to county revenue only.

TAX COLLECTORS. The bill providing for the appointment of tax collectors at the discretion of County Courts was next taken up on its second reading. Mr. Edney had introduced this bill. It relieved sheriffs of an onerous duty, great labor and heavy responsibility.

The sheriffs in his section of the State were willing to give up the collection of taxes. Besides, he contended the present system worked much evil by sheriffs indulging the people to secure their votes, and upon the eve of going out of office, coming down upon them for the whole of their arrears at once. Sheriffs were known to borrow money to make their settlements, rather than push the people near election day. Mr. E.

argued the case at some length, showing that the revenue of the State suffered by the escape of unlisted property, which he attributed to the want of time and opportunity of sheriffs, and a fear of the ill favor of the people. He thought the election of sheriff should never have been given to the people, and instanced the want of order and the confusion in our courts resulting from this dread of popular displeasure. The bill before the Senate, providing for the appointmentof tax collectors by the Courts, would remedy much of this and as the collector's interest would be involved in the collections, he thoSght the interest of the State would be better subserved and all taxable property listed No additional expense was- contemplated, as it was proposed to pay the the sam per centage how paid to sheriffs. He alluded to the startling fact that itt proportion, as -the valuation of 'real estate -went up, the revenue from it went down and be ventured to affirm that ia five years in- Tuesday, Dec. 14, 1858.

SENATE. The Senate was called to order at 10 o'clock no prayers MEMORIALS. Mr. Douthitt presented the petition of sundry citi-isens of Davidson county, praying a repeal of an act to establish a public road through a part of that and the county of Davie. Referred to the committee on propositions and grievances.

KEPOKTS OF COMMITTEES. Mr. Steele, from the committee on finance, to whom had been referred a resolution instructing them to consider the expediency of extending the time for sheriffs to make their settlements of county taxes, reported a bill empowering the Courts of pleas and quarter sessions to extend the period to the first court after the 31st day of December in each year. Mr. Boyd, from the same committee, reported against the passage of the bill providing for the appointment of tax collectors for the several counties.

RESOLUTIONS. Mr. Carmichael submitted a resolution instructing the committee on finance to enquire into the expediency of reducing the price on vacant lands owned by the State, and to report by bill or otherwise. A-dopted. Mr.

Thomas offered a resolution instructing the committee on the judiciary to inquire into the expediency of authorizing the governor to apply for and collect the monies due from he generai government to the Cherokee Indians. Adopted. NEW BILLS. Mr. Douthitt introduced a bill, accompanied by a memorial, to incorporate the Bank of Lexington.

Referred to the committee on banks and currency. Mr. Leach, a bill and memorial to establish a new county by the name of King. Referred to the committee on propositions and grievances. BILLS ON THEIR THIRD READING.

The following bills were read a third time and ordered to be engrossed The bill to amend an act en titled an act to incorporate the Keowee Turnpike Company The bill to (establish the 113th regiment of Militia in the county Wilson; The bill to'jamend the charter of the Jonathan's creek and Tennessee Mountain Turnpike Company. The bill relating to Auctions and Auctioneers wiw next taken np. Mr. Houston explained that the bill provided for-the appointment of auctioneers by the commissioners of incorporated towns, and in counties where there are no such towns, by the county courts. It also remedies a defect in the revenue law, which authorizes sheriffs to collect a tax of 5 per cent, on the.

gross sales of auctioneers, without regard to sums received in such sales on goods exempt from taxation. Mr. Mills moved to exempt the county of Rutherford from the operation of the bill. Agreed to, and the bill as amended passed its third reading and was ordered to be engrossed. GEOLOGICAL SURVEY.

The bill to repeal the 18th, 14th, 15th, and 16th sec. 2d chap. Rev. Code, providing for the geological survey of the State, being the special order for 1 1 o'clock, was now proceeded with on its second reading. As before reported, the committee to whom the bill had been referred reported against its pas sage.

Mr. Battle said that in introducing the bill he had given the matter full consideration. lie had no idea of doins undue injustice to Dr. Emmons; but i be desired to do justice to his constituents. He had carefully examined the comptroller's reports for the last two years, and he found an expenditure for that period of $9,000, which added to other expenses connected with the survey made nearly $11,000 and he would like to know, in the name of heaven, how that could benefit the State.

If the survey was useful he would be the last man to oppose it. But where, asked Mr. does Dr. Emmons spend his time Mostly about Raleigh then he takes a flying trip to some part of the State, goes off to New York, writes out a long report and then prints it at a great cost to the State. How was the existence of such an office, filled by such an officer, to do good to the State? And if ever it could do good, this was not the time.

If we are not going to spend more mone)', what was the use of having Professor Emmons. The Legislature made all the offices it could, and then it turned round and made the office of geologist, (laughter) just as they did when they made a superintendent of common schools, which had never done any good. (Continued laughter.) Mr. McDonald thought this a poor time for levity, (alluding to the laughter created by Mr. Battle,) and a most unfortunate subject for ridicule.

The subject had affected the credit of the State abroad and had enhanced the value of her bonds. He had no earthly donbt of this. Through the efforts of the State geologist the people were made aware of the vast wealth of the State, and the people Of distant States, also, were made aware of it for the first time by the published statements of Dr. Emmons and but for the existence of the office now sought to be abolished all our mineral wealth might have lain dormant for half a century to come. The Senator from Nash (Mr.

Battle,) had asked what Prof. Emmons had done. He (Mr. McDonald,) would ask that Senator what was now being done in Washington city Did the Senator know that a commission had been sent out by the Secretary of the Navy to examine into the coal and iron deposits of Deep River And did he not know that the labors of Dr. Emmons had resulted ''a that That fact alone having opened the eyes of the national government to the vastness of our resources was sufficient in itself, if there were nothing else, to answer the question, what had he done.

Mr. McDonald touched upon the importance of the proposed national work, in the eyes of the patriot, with reference to the future of the South. And then he dwelt on the stimulus given to the investment of capital by the reports of Dr. Emmons, which the Senator from Nash found fault with. But it appeared that though the bill intended the abolition of the office, the arguments of Mr.

Battle were directed at Dr. Emmons. Why not, asked Mr. McDonald, strike at the man directly and not at the office Dr. Emmons had not been in Nash, though He, Mr.

McDonald, did not know that but if it were true, there were many other counties he had not been in. The survey of the State was a work of time and could not be gone through in a day. And a clamor had been raised about ten or eleven thousand dollars. What of that? It had enabled land on Deep river to sell property which could not command, three or four years ago, six or seven thousand dollars, for sums varying from sixty to seventy thousand, and in one case even, a hundred thousand dollars. Mr.

McDonald continued at some length, and concluded by declaring it an act of injustice to abolish the office till every part of the State had received the benefits of the survey. Mr. apologised to the Senate for again trespassing on their patience, but he felt constrained, in justice to himself and to his former position on this subject, to say a few words. He had been one of the original supporters of the bill creating the office of 4te Geologist, and had raised his voice time aer time against its abolition, in order to give tle incumbent time to remedy the defects complained oC "He (Mr. Steele) wasnow satisfied, however, that there was no disposition on the part of Dr.

Emmons to carry out the original intention of the office. The matter was becoming worse and worse the greatest interest of the State was neglected he meant the great agricultural interest He looked at this question without regard to locality. The Senator from Moore was blinded by the benefits accru- ing to his own section, without ever considering the injuries Inflicted on others. It could not be denied, Mr. S.

that not even a decent attention had been paid to any but a few counties of the State. Not tenth, of the State had been examined in a mariner dp credit to a mere school boy. Mr. Steele. Rented our character abroad depended on Dr.

Emmons', exertions and in reference to our finan- cial character, he stated that our bonds sold higher before that gentleman set ibot on our soil therefore, 'if anything could he Reduced from his exertions, on that score, lw Jha4 cursed us rather than otherwise. But he- contende4.DrmmonsAhd nothing what. mftA An- with our credit abroad, -sis -1 ft s- Mr 1 Rbwle arain Alluded to; trie intention oi tne nLthm'ereAthi(f thia. embrarins: the great Emmons Mr. Cunningham could not see what, had been done by Dr.

Emmons. A survey of the State was unlike a branch of government it should come to an end at some time. It was reasonable to look for some signs of its termination now, since it had been going on for several vears. He would support the bill. Mr.

Pool reiterated his objections to the reasons offered to abolish the officer-mere complaints against the officer. He protested against his people being deprived of the benefits of the survey because, as alleged, the appointing power would not remove an incompetent man. The second proposition was to instruct the Governor to remove him. He, (Mr. was not prepared to instruct the Governor.

He could not support either of these propositions. And shall wc, he asked, be compelled to put another construction on this matter, and say that the Governor has not the independence to remove an incompetent man, unless instructed by the Legislature He, (Mr. was not disposed to adopt that, even. Then, it is said, the Governor is imposed upon. Well, that said in set terms, that the Governor is too dull to know when he is imposed upon.

For my part, concluded Mr. Pool, I am not prepared to say that either. Mr. Kdney twitted Mr. Pool for his ability in finding fault, without being able to suggest any plan of his own.

He withdrew his amendment. Mr. Pool thought it plain enough that he was for the law as it stood. Mr. Leach followed and found fault with the last Legislature for not disposing of the reports which had been lying packed in boxes since 185b' till the present day.

lie would like time to examine the works. Mr. Donnell explained that the last Legislature had passed a resolution to distribute the Reports, but from some cause or other it had not been ratified. Mr. Ashe explained the vote he was about to give.

He would not be drawn into the discussion. The question with him was will the Legislature continue this office at a cost of the interest on while it refused aid to work necessary to reach the wealth disclosed by this survey It was nearly half of the sum required by some of these works. He advised lopping off all unnecessary expenses. His vote on the bill was predicated on the uscless-nessof the otlice. Mr.

Pitch ford believed Dr. Emmons had faithfully and competently done his work but how long was it to continue If it went on as it was now doing, trere would hardly be an end to it in fifty years. He had always been in favor of the survey; but the people were now alive to the subject. He remarked upon the analysis of soils, as important to some and indifferent to others. Those who wished their soils analyzed had ample facilities at little cost.

He thought the office had existed long enough. Mr. Cherry concurred with Mr. Ashe, and would vote for the bill. Mr.

Speight also concurred with Mr. Ashe, but was not willing to abolish the office while Senators' who had received no benefit from it claimed it for their counties. Mr. Ramsay would support the present law, but would like a postponement for consideration. (Cries of no, no.) Mr.

R. then went into the question at some length, during which he spoke of the importance of the survey as rising above the mere question of dollars and cents. If Dr. Emmons was not fit for the office, some one could be got who was. Mr.

Gorrell moved to adjourn. Mr. Cunningham demanded the ayes and noes. Mr. Gorrell withdrew his motion.

Mr. McDonald spoke at some length in opposition to the bill, and urged a continuance of the survey. Mr. Walkup renewed the amendment of Mr. Edney, with an addition.

The amendment was rejected. The question then recurred on the passage of the. bill and was decided in the affirmative ayes 30. noes 1 5, as follows For the bill. Messrs.

Ashe, Busnight, Battle, Brown, Carmichael, Cherry, Cowper, Cunningham, Davidson, Davis, Dillard, Dobson. Douthitt, Edney, Guyther, Humphrey, Leach, Martin, Mills, Person, Pitchford, Reinhardt, Speight, Steele, Taylor, Thomas, Walkup, Ward, hi taker and Wil-' Hams 30. Against the bill. Messrs. Bledsoe, Blount, Boyd, Donnell, Planner, Gorrell, Houston, McDonald, Mc-i Dowell, Miller, Pool, Ramsay, Straughn, Turner and Worth 15.

Mr. Ashe moved to re-consider the vote by which the to repeal the lODth sec. 3-lth chap. Rev. Code was rejected yesterday.

Mr. McDowell explained that the bill had passed the House by an almost unanimous vote, but had been misunderstood by the Senate committee to whom it had been referred. He hoped the Senate would consent to the re-consideration, in order that the bill might be re-committed. The motion was agreed to, and the bill re-committed. Mr.

Martin moved that the rules be suspended, and the bill to abolish the geological survey be put on its third reading. Mr. Straughn moved to adjourn. Adopted. HOUSE OF COMMONS.

At 10 o'clock the House was called to order. Mr. Morehead presented a memorial from Messrs. Swain and Hawks relative to printing valuable historical documents, collected by Mr. Bancroft.

On motion of Mr. Fleming it was sent to the Senate with a proposition to print, and raise a select joint committee for its consideration. Mr. Dancy's resolution that the House meet at half past nine and adjourn at two each day, was adopted. Mr.

McKay, from the committee on internal improvements, reported adversely to the passage of the Greensbor' and Danville railroad bill. Jminority report was also presented which was ordered to be printed. NEW BILLS. The following new bills and resolutions were read the first time and referred: Mr. Bridgers, in favor of Elias Barnes, of Wilson county.

Mr. Sanders, in favor of C. D. Nichols. Mr.

Williams, to amend the charter of the Yan-cyville Plankroad Company. Mr. Moore, of New Hanover, to establish the county of Liliington. Mr. Outlaw, concerning the.

custody of minors. Mr. Walker, to limit the powers of constables in Cherokee county. Holdsclaw, to provide for the removal of the county site of Watauga county. Mr.

Scales, to amend the charter of Graham Institute. Mr. Bryson, to provide for a railroad survey from French Broad through Haywood, to Tennessee. Mr. McKay, to extend 13th sec.

chap. rev. code. Mr. Leffers, concerning the powers of the county court ot Carteret.

Mr. Leffers, to appoint a special magistrate for Beaufort, Carteret county. A number of engrossed bills from the Senate, wvhich will be noticed on their second reading, were read and referred. MESSAGE FROM THE GOVERNOR. A message was received transmitting resignations of Justices of the Peace, which was sent to the Senate.

UNIVERSITY TRUSTEES. A motion by Mr. Dancy to go into an election for Trustees of the University, was rejected. SPECIAL ORDER. The bill concerning the Wilmington and Weldon railroad was taken up.

Mr. Bryan, of New Hanover, explained at length the object of the bill, stating it was to allow the company to have the State's endorsement on their bonds, in renewal of the bonds about to fall due, and argued to show it would be no detriment, but an advantage to the State. Mr. Nprwood objected to allow 7 per centtp be paid on the hew bonds, and introduced an amerid-. ioent to reduce it to 6-per cent Caldwell, of Guilford, spoke strongly.in opposition tohe policy adopted by the railroads and r-Uoks of th A i i i i i Mr.

Donnell was opposed to the creation of a new set of officers without urgent necessity. In view of frauds, he was" opposed to tinrtetbe listerafidtrlecol'- lector in one person. It destroyed the system of checks, and was dangerous as inviting frauds. If the magistrates were not fit to take the lists, they were the last men to be entrusted with the appointing power. One man could not do the whole work; besides, the other duties of sheriffs in most counties would not pay, and no decent man, fit for the office, could be induced to take the income from collections of revenue.

If the was going down as valuation went up, the fault was not in the sheriff, as he merely collected the amount of the tax list. Mr. Edney. One of the first duties of the sheriff was to discover unlisted property. Mr.

Donnell. If the property was not listed, how did the Senator find out that the revenue did not keep pace with it Mr. Edney. That is not the question. Mr.

E. pursued the matter at length, and replied to the argument of Mr. Worth. In conclusion he said the rule proposed had been adopted by many neighboring States and had" worked well. Mr.

Turner said this was a call for a regiment of 850 officeholders that would be the" result of the bill, thodgh it did not provide for them. He did not deny there were local grievances, but that was no reason why the law should be repealed He adiuited five per cent, was ample pay for collectors. Some of our sheriffs made more money out of it than some of our Judges received as salary. Taxes were increased very year, and still the same per centage was paid. If this was wrong, reduce the commissions.

The practice alluded to by Mr. Edney of appointing tax collectors had worked confusion in other States. Our system was plainer and as efficacious as the other. If men d.d not give in all their taxable property, they were guilty of peijury, and ould go to hell and he, Mr. did not suppose the bill now before Senate proposed a worse punishment.

oid laughter.) He would vote against the biil Mr. Gorrell followed also in opposition to the bill. If the election of sheriffs by the people were the cause of all this trouble, the law had better be repealed. The effect of the proposed change would be to reduce the office of sheriff to a level with that of constable, and a corresponding effect on the character of the law itself, would be the result. The question on the passage of the bill was then taken, and resulted in its rejection.

SUPREME COURT JUDGE. Mr. Houston, from the committee appointed to correspond wkh HornThos. Ruffin on the subject of his election to the SupWme Court bench, laid before the Senate the correspondence which had taken place, from which it appeared that Judge Ruffin had accepted the appointment. Mr.

Houston moved that the correspondence be sent to the House, with a proposition that it be spread on the journals of both branches of the Assembly. Concurred in. THE COUNTY OF CLINGMAN. The consideration of the bill to establish the county of Clingman, being the special order, was now resumeed, the bill being on its second reading. Mr.

Edney offered a farther amendment, providing that the proposed count- should not be entitled to a representative till she had the requisite population, and not only that, but the counties JYom which it was proposed to take the new county should also have the requisite population. Mr. Edney said he offered this amendment to tesrNJ the Senators whose opposition was based on the idea of population as it effected representation. Mr. Steele was not going to trouble the Senate again on this question but having made a statement relative to the population of the counties affected by the bill, upon the accuracy of which he had staked his reputation, and as that pledge had been published in one of the papers of this City, he considered it his bounden dutv to make it good.

In order to do this he had again extracted the figures from the U. S. census, upon which his former assertion was founded, in the presence of two mem bers of the Senate, and the result was just as he had stated it before, with the difference of only Jire in one of the numbers that is, he had stated the number to be five less than it was. Mr. Edney did not question the correctness of Mr.

Steele's state me Us. Mr. Steele wished to show that he was right and the Senator from Henderson wrong. Mr. Steele then reiterated the statements made by him in the former discussion on this bill relative to the popula tion of the several counties, and in conclusion said that when he stated a thing as a act, the Senator might be sure he (Mr.

was not far wrong, and he cautioned Mr. Edney to be careful in disputing his figures. Mr-. Edney twitted Mr. Steele on his admonitions as to caution, and retorted upon that Senator py saying that after all his caution and his boasts of accuracy, his (Mr.

Steele's) statement was not correct according to his own showing, as he had admitted an error of Jice. Mr. Steele appealed to Mr. Edney if an error of five in several thousand was worthy of notice Mr. Edney.

In a question of boasted accuracy it is, otherwise he would not have noticed it. Here this part of the discussion dnv with good feeling. The debate, on the main question was then continued by Messrs. Edney, Pool, and Donnell but as it turned upon the constitutional law of the question, it is deemed uninteresting t'o the general reader, and therefore omitted. Mr.

Edney moved an -adjournment, for the purpose of taking the opinion of leading lawyers on some disputed points. Mr. Cunningham demanded the ayes and noes. The motion was rejected 28 to 1(5. The debate was then resumed for some time.

The question was then taken on the amendment offered by Mr. Edney, and decided in the negative aye 13, no 30, as follows Far the amendment. Messrs. Battle, Boyd, Brown, Carmichael, Dobson, Edney, Gilmore, Houston, Lane, Martin, Mills, Reinhardt and Thomas 13. Against the amendment.

Messrs. Basnight, Bledsoe, Blount, Cherry, Cowper, Cunningham, Davidson, Davis, Dillard, Donnell, Douthitt, Flanner, Gorrell, Guyther, Leach, McDonald, Miller, Pitchford, Pool, Ramsay, Speight, Steele, Straughn, Taylor, Turner, Walkup, Ward, Whitaker and Worth 30. The question of law involved in the discussion may be summed up thus Was population an indis pensable necessary in the establishment of new counties Has the Legislature power to establish Counties for municipal and local purposes, without regard to representation and if the Legislature has the power to erect and abolish counties, has it not the power to restrict and restrain in their establishment. Mr. Edney denied the first, and maintained the second and third propositions, and Messrs.

Pool and Donnell were opposed to Mr. Edney's views. Mr. Thomas now got the floor, and as he desired to detain the Senate for some time on the merits of the bill, he moved for an adjournment till 10 o'clock to-morrow. Agreed to, and the Senate adjourned HOUSE OF COMMONS, Quarter before 10 o'clock the House was called to order.

A resolution to appoint Saturday the 18th Inst, for the election of Justices of the leace was read On motion of Mr. Lewis it was laid on the table. RESOLUTIONS. Mr. Hargrove, in fevor of Wm.

Gilliam, of wanvme county Tomlinson, a resolution relative to printing bills laid over for one The following new bills were read the first time and referred Farrow, to amend charter of Fairfield Canaf AJompanyi Mr. LalrtwelL of Burke, to charter the Rutherford Academy; rf Mr. Nonnaiv to reeulate. fishue in Pamlim Ht teras and other inlets "Mr. Badham, to charter UhaaunitV LodWe lessly, and if he found him incompetent he would go for instructing the Governor to remove him.

Mr. Edney moved to amend the bill by striking out all after the enacting clause and inserting an instruction to the Governor to dispense with the further services of Dr. Emmons, and to obtain a competent persou to rill his place. He, Mr. was ready to meet the question squarely.

lie believed the office necessary. The people of North-Carolina were too slow to enquire into and examine our min eral and agricultural resources and he was willing to pay any reasonable sum to a competent man. All he had to say relative to Prof. Emmons was that he had fallen short of doing his work. He had nothing say of the Doctor's scientific qualifications.

But an officer should be found to visit all the counties of the State and deliver lectures, This was requisite to stimulate the people to discover their own minerals, by teaching them something of their nature. In conclusion, he said his only object was to get rid of our present distinguished Professor. Mr. Pool coincided with the views of Mr. Donnell.

The alleged facts assigned as reasons, did not apply. Not one word had been heard against the policy of the office, except that the appointing power had not done its duty. The blows aimed at Dr. Emmons, struck the appointing power. This complaint was an old one we came within an ace, said Mr.

of abolishing the office last session, for the very reasons assigned here to-day. The Senator from Richmond, (Mr. Steele,) was opposed to this office, because the incumbent's shortcomings were becoming worse and worse. Admit that this was so; what then? The remedy was, the Governor should have removed the incumbent, and he had not done so. Why are we called on to arraign the Governor asked Mr.

Pool. The Senator from Richmond says that the labors of Dr. Emmons would disgrace a common school boy. That work is not the act of a man who understands his business. And again he says, Dr.

Emmor.s had been a curse to the State. Mr. Steele. I said neither the one nor the other. He explained that he had said tome portions of the State had been examined in a manner that would not do credit to a mere school boy and in stating that, if anything could be deduced from the labors of Dr.

Emmons, relative to our State credit abroad, it was that he had been a curse to the State, for the reasons given. But he distinctly stated that he believed Dr. Emmons' labors had nothing at all to do with our character abroad. Mr. Pool proceeded to argue the same deductions from the explanation.

Mr. Steele. If the Senator is desirous of drawing me into a conflict on this floor, I shall take no pains tevoid it. And if my language is not sufficiently plain, I am unable to make it more so. Mr.

Pool persisted in his construction. He charged Mr. S. with being opposed to the spirit of the law, but that when the proper officer could be found, he would be in favor of it. But Mr.

Steele's argument went to show that as times were, the proper officer could not be got therefore, he went for the aboli tion of the office. That was not a sufficient reason for him, Mr. Pool. There was a power in the State to remove this incompetent man he who disposes of copyrights belonging to the State. No competent man Where was Dr.

Jackson, whose competency had developed the resources of Deep River These blows, he repeated, were not aimed at Dr. Emmons. ere they to dictate to the Governor, and tell him he was keeping in office an incompetent man? He, Mr. Pool, did not knew whether Dr. Emmons had clone his duty or not.

This had been a geological survey but it should have been a scientific, chemical, agricultural survey. If Dr. Emmons was incompetent, let us, he said, not leave the work undone, but sec that the appointing power eets one who is. He contended, in conclusion, that the whole argument struck at the appointing power that the amendment went to give that power instruction, and that if he had no other choice, he would support the amendment. Mr.

Steele, in reply, said that he had no disposition to take offence in any discussion that might be forced upon him. He did not deem it necessary to attempt to explain what he had made plain enough before. If the Senator from Pasquotank, Pool,) chose to put a misconstruction upon what he, (Mr. Steele,) did say, it placed that Senator in a position he need not feel proud of. Mr.

Steele denied saying he would be in favor of re-enacting the office in a -certain event. He had said the Legislature could. He also denied the inference as (o Dr. Jackson. He said that Dr.

Jackson had done more to develope the Deep River region, than Dr. Emmons. He had no great faith in him either. He thought him a humbug, like many other professed geologists. But the Senator was quite welcome to his opinion, that the blows were aimed at the Governor.

He, Mr. Steele, did not think' so; and he did not care who they hit that was his position on all questions in that Senate. He was aware the executive had power to remove but it was always, considered a delicate matter to remove one of its own appointees. He would put the matter in such a shape as to give the executive room to act. He admitted his blows were aimed more at the officer than the office.

The only way to estimate its good was by its effect. If things grew worse, the inference was, they would continue so. Mr. Ednev said the amendment would kiio-ps tr the Governor what kind of officer was needed. He desired to keep him out of the difficulty the Senate to take the resposibility.

He would vote to abolish the officer, but not the office." Mr. Donnell could not vote for the amendment of Mr. Edney the remedy was already provided He defended Dr. Emmons from the assaults made upon him, and pointed to the fact ofjhis having conducted the survey of ther State of New York with entire sat-isfaction. i Cherry was for laowg full justice to7 all" "con-.

i i i I interest of agriculture, arid said that instead of pay-" ing some mttention to that," Em.mons'; whole labors had.been confiped lathe Deep River region and a. lew counties Jfrtaext' alluded to tbeju- 4 4- 1.