country, or endanger the existence of the union.

4. And whereas, considering the opinions which have been advanced and maintained by the convention of South Carolina in its late ordinance and addresses on the one hand, and by the president of the United States, in his proclamation, bearing date the 15th day of December, 1832, on the other, the general assembly deem it due to themselves, and the people whom they represent, to declare and make known their own views in relation to some of the important and interesting questions which these papers present: Therefore, resolved by the general assembly, That they continue to regard the doctrines of state sovereignty and state rights, as set forth in the resolutions of 1793, and sustained by the report thereon, of 1799, as unquestionably true, and worthy of all acceptance; but that they do not consider them as sanctioning the proceedings of South Carolina indicated in her said ordinance, nor as countenancing all the principles assumed by the president in his said proclamation, many of which are in direct conflict with them.

Resolved, That this house will, by joint vote with the senate, proceed on this day to elect a commissioner, whose duty it shall be to proceed immediately to South Carolina, and communicate the foregoing pream. ble and resolutions to the governor of that state, with a request that they be communicated to the legislature of that state, or any conven. tion of its citizens, or give them such other direction, as in his judgment may be best calculated to promote the objects which this commonwealth has in view; and that the said commissioner be authorized to express to the public authorities and people of our sister state, in such

manner as he may deem most expedient, our sincere good will to our sister state, and our anxious solici tude that the kind and respectful recommendations we have addressed to her, may lead to an accommodation of all the difficulties between that state and the general government."

Benjamin Watkins Leigh was then unanimously chosen a commissioner under the last resolution.

At a subsequent period of the session, the following preamble and resolution was moved by Mr. Knox:

"Whereas, a bill is now pending before the senate of the United States, which proposes to invest the president with the authority of employing at discretion the land and naval forces of the country, for the purpose of carrying into effect the revenue laws of the general government; and whereas, in the opinion of the general assembly of Virginia, there exists no necessity for clothing the president with such unlimited powers, Resolved, therefore, by the general assembly of Virginia, that John Tyler and William C. Rives, senators in the congress of the United States from the state of Virginia, be, and they are hereby instructed to vote against the said bill, and to use their best exertions in order to defeat the passage of the same; and likewise request our representatives in congress to do likewise."

After some debate, and a refusal · to defer the fate of the resolution, by laying it on the table, it was indefinitely postponed (rejected) by a vote of 75 to 51.

COLONIZATION.-In the house of delegates, the committee of finance, to whom had been referred the various petitions for legislative aid to the colonization society, made a report conformable thereto. A mo

tion was made by Mr. Brodnax to lay the report on the table, which was, after much discussion, rejected. Mr. Dade moved the indefinite postponement, which also, after consid. erable debate, was decided in the negative-ayes 57, noes 57. The house adjourned without disposing of the subject. On Monday, Mr.

Ritchie moved to take up the report-several members desired that the vote on the taking up should be considered as a test vote. The question was then taken, the ayes and noes being called, and it was taken up-ayes 61, noes 59. It was then referred to a select committee.

FINANCES. It appears by the report of the treasurer of North. Carolina, that the balance in the treasury on the 1st of November, 1832, was $7,924 73, and the receipts between that period and the 1st November, 1833, $188,819 97. The disbursements during the same period were $138,867 46; leaving a balance in the treasury at the beginning of November, of $57,877 24. The present amount of the literary fund is $117,024 81, no expenditures from it having been made during the year. The present amount of the internal improvement fund is $979, being merely nominal. ELECTIONS-1832.-The balloting for governor in the legislature lasted three days. D. L. Swain, was at length put in nomination, and Mr. Polk and Mr. Branch being severally withdrawn, he was elected, receiving 99 votes, Speight 85, and 10 scattering.

INTERNAL IMPROVEMENTS.-A convention to promote internal improvements met at Raleigh on the 4th of July, 1833, and having ap. pointed governor Swain the president, it proceeded to recommend to the general assembly that a fund should be created for this object, and that the state should subscribe two fifths of the stock of all companies chartered for internal improve

ments.

ORGANIC REMAINS.-SEPTEMBER, 1833.-Among the organic remains found in the marl pits of Lucas Benners, Esq. in Craven county, North Carolina, are the following:

Several pits have been dug, some of them to the depth of 25 feet below the surface of the earth, and ten feet below the present surface of the river. In the course of these excavations a great variety of interesting organic remains have been found, consisting of sea shells, bones and teeth of fishes, and the bones of land animals of prodigious size. Mr. B. mentions that the following is the order in which these remains have been found: 1st, Sharks' teeth, and the fragments of bones of marine fishes mingled with shells. 2d, Teeth, horns, hoofs, ribs, vertebræ, &c. of quadrupeds that inhabited the land, mingled with sea shells of great variety. These remains of land animals are found at the depth of from 20 to 25 feet below the surface of the earth. Among them are recognised with certainty the teeth of the great mastodon, (Mastodon giganteum of Cuvier,) the hoofs, horns and vertebræ of an eik of great size, and the teeth of an animal supposed to be the hy

ena.

sea

LEGISLATION.-The acts passed by the general assembly of North Carolina, at the session of 1832-33,

are, in number, one hundred and sixty-seven; of which twenty-four are public acts. Fifty-three resolutions were adopted.

ACADEMIES.-Eleven academies were incorporated.

CAPITOL.-Fifty thousand dollars was appropriated for the rebuilding of the capitol in the city of Raleigh. COURTS.-Nine acts were passed in relation to different county courts. LANDS. An act providing for the registration of copies of grants of land. It shall be lawful for any person to cause to be registered in the office of the register, any certified copy of a grant from the office of the secretary of state, for the lands lying in such county; and such registration shall have the same effect as if the original had been regis. tered.

MILITIA. Thirty acts were passed in relation to the militia.

Every militia captain in the state is required to enrol on his muster list all Quakers, Moravians, Dunkards, Menonists, and others conscientiously scrupulous of bearing arms, residing within his district, and between the ages of eighteen and forty-five; but they shall not be compelled to muster or perform military duty except in cases of insurrection, or invasion, or to pay any tax for said exemption. They are in these cases to furnish a substitute, or pay an equivalent. Every major general shall review his division once in every three years; and every brigadier general to review his brigade once in every two years. If any general officer fail to review, equip himself, or to make an annual return of his division or brigade, the governor is required to cause the adjutant general to give such delinquent officer thirty day's notice of his neglect of duty; and if such delinquent does not,

within forty days thereafter, render a satisfactory excuse for such neglect, it shall be the duty of the governor to strike his name from the list of officers, and report to the next legislature accordingly. Captains of the several companies, except volunteer corps within this state, are not to call their men together, without their consent, for the purpose of company musters, more than twice in each year, except in cases of insurrection or invasion. The commanding officer, at any muster, is to cause the militia to be exercised not less than two hours on each day. Field officers of cavalry are required, once in every two years, to review the cavalry companies.

Twenty-two military companies were incorporated.

SLAVES.-If any person shall wickedly, willingly and feloniously, carry, convey or conceal any slave, the property of any citizen or citizens of this state, without the consent, in writing, of the owner, with the intent of enabling such slave to effect an escape out of this state, every such person shall suffer death without benefit of clergy.

HISTORICAL SOCIETY.-The North Carolina Historical Society was incorporated.

HOTEL COMPANY.-By this act the La Fayette Hotel Company, in the town of Fayetteville, was incorporated; its capital stock is not to exceed $25,000.

AGRICULTURAL SOCIETY.-Certain persons were incorporated by the name of the Macon County Agricul tural Society.

BOATING COMPANY.-The Hay. wood Boating Company was incor. porated for the purpose of facilita. ting transportation between the towns of Haywood, Fayetteville and Wil. mington; the capital stock $2,000.

WITNESSES.-Two acts were passed to restore to credit the persons therein named, in as full and ample manner as if they had never been convicted of any crime.

sembly doth solemnly declare a devoted attachment to the federal union, believing that on its continuance depend the liberty, the peace and prosperity of these United States.

Resolved, That whereas diversity of opinion may prevail in this state as to the constitutionality of the acts of congress imposing duties on im

CLERKS OF COURTS.-An act was passed vesting the right of electing the clerks of the county and superior courts in the several counties within this state in the free white men thereof.

TURNPIKE ROAD AND BRIDGE COMPANIES.--Three turnpike road companies, and two companies for the erection of bridges, were incorporated.

BANKS.-Three new banks were chartered, viz: the bank of North Carolina, with a capital of $1,500,000. The state is at liberty to take $600,000 of the stock, and to appoint four directors. The remainder of the stock to be sub. scribed for by individuals, who are to appoint six directors. The Merchants' bank of Newbern, and the Albemarle bank at Edenton; the capital of the former is $250,000; of the latter $200,000.

The capital of the bank of Cape Fear, whose charter was renewed, is $800,000.

NULLIFICATION.--The following resolutions were passed in the senate, 47 to 7, and in the house, 98 to

22.

Resolved, That the general as. sembly of the state of North Carolina, doth entertain and doth unequivocally express a warm attachment to the constitution of the Uni. ted States.

Resolved, That the general as

majority of the people think those acts unconstitutional; and they are all united in the sentiment that the existing tariff is impolitic, unjust, and oppressive; and they have urged, and will continue to urge its repeal.

Resolved, That the doctrine of nullification avowed by the state of South Carolina, and lately promul. gated in an ordinance, is revolutionary in its character, subversive of the constitution of the United States, and leads to a dissolution of the union.

Resolved, That our senators in congress be instructed, and our representatives be requested to use all constitutional means in their power, to procure an adjustment of the existing controversy between the state of South Carolina and the general government, and to produce a reconciliation between the contending parties.

Resolved further, That a copy of these resolutions be respectfully communicated by his excellency the governor of this state, to his excel. lency the governor of South Caroli na.

A resolution submitted by Mr. Potts, in relation to the controversy between South Carolina and the general government, which deprecates a resort to force by either party, was taken up for considera. tion, towards the close of the session, and, after discussion, was, on Mr.