William W. Cowper, Gates; William P. Williams, Franklin; James Rhodes, Wayne; James Kerr, Caswell; Jonathan Parker, Guilford; William Parham, Haywood; Edward C. Gavin, Sampson; Lewis Disbrough, Onslow.

Samuel T. Sawyer, Edenton; John W. Potts, Edgecombe; Thomas Hill, New Hanover; Duncan McLaurin, Richmond; Littleton A. Gwyn, Caswell; James Dougherty, Mecklenburg; Daniel W. Courts, Surry; John R. J. Daniel, Halifax county; James Harper, Greene; John C. Ridley, Granville; Thomas J. Faddis, Hillsborough; Hugh McQueen, Chatham; Asmyn B. Irvine, Rutherford.

Resolved that the Committee on Education and the Literary Fund be instructed to inquire into the expediency of establishing by law a central school, in the State of North Carolina for the purpose of educating and preparing instructors of elementary schools for their profession, and that they report by bill or otherwise.1

Clerk's entry: In Senate 22nd Nov. 1832. Read and adopted.

The Committee on Education and the Literary Fund to whom was referred, a resolution to enquire into the expediency of establishing by Law a central school in the State of North Carolina for the purpose of educating and preparing instructors of elementary schools for their profession, Beg leave to report that the fund set apart for that purpose, has been too frequently used by the State and is not now available, that your committee deem it unwise at present to make any application of it, and your committee recommend that so soon as the State shall be able to return the fund that your Treasurer shall have power to vest said fund in some good stock whereby the interest may be secured and with the annual income which may be fairly estimated at eight thousand dollars, $8000, and if interest can be secured also upon about ninety thousand dollars of which the State owes a part to said fund, your Committee are of the opinion that in a very few years the fund will become sufficient to realize all the benefits heretofore contemplated, but a present application of it would be to defeat the whole scheme. All of which is respectfully submitted.

Clerk's entry on above report: In Senate 4th of Jan. 1833. Read and concurred in.

State of North Carolina, Montgomery County.

To the Honourable the General Assembly:

We the under signed your petitioners who mostly are residents of the County aforesaid do Humbly represent to your Honourable body that by an act passed at the last session of your Body, restraining free persons of colour from preaching the Gospel, you have deprived us your Humble petitioners of a right which we have heretofore deemed a Verry important one as we live in a Verry sparce, or thin populated part of our County and as Clergemen of our denomination are scarce, we pray your honourable body to repeal the said act, or so much thereof as will permit Ralph Freeman a freeman, of collor, to preach the Gospel among us still as he has done heretofore for the Last forty years or there about we as in duty bound will ever pray etc.

Octbr. 22nd, 1832.

We the under Signed, do hereby Certify That we have been acquainted with Ralph Freeman for a Number of years and his ministry and believe him an orderly person and a Gospel preacher1.

The Committee on Propositions and Grievances to whom was referred the petition of sundry citizens of the County of Montgomery, praying that Ralph Freeman, a free person of colour, may be allowed to preach, having considered the same have directed me to

Be it enacted by the General Assembly of the State of North Carolina and it is hereby enacted by the authority of the same, that Ralph Freeman, a free person of colour residing in the County of Montgomery be exempted from the operation of the act of 1831 Chap. IV., entitled “An act for the better regulation of the conduct of negroes, slaves and free persons of colour,” so far as it prohibits the said Freeman from preaching or exhorting and that the said Freeman be permitted to preach or exhort in any congregation where five respectable white men are present and not otherwise.

In House of Commons Dec. 14. 1832 Read 1 time and passed.

In House of Commons Dec 21. 1832 On motion of Mr. Sumner indefinitely postponed.

Be it enacted by the General Assembly of the State of North Carolina and it is hereby enacted by the authority of the same:

That the Courts of Pleas and Quarter Sessions within the several counties in this State, a majority of the acting Justices being present shall have full power and authority to secure and grant leave to any slave or free person of colour to Preach, Pray or Exhort (as the case may be) in Public within the limits of the County in which such law is granted for the term of one year next ensuing: Provided, however, that the court shall not have power to grant such leave, unless it be upon the presentation of a petition to the Court by some religious society by which the applicant for a license is a regular member in good standing.

And be it further enacted, That this act shall be in force from and after its ratification, any law, usage or custom to the contrary notwithstanding.

Be it further enacted—,That the provisions of this act shall not extend to, interfere with, or apply in any way to the Counties of New Hanover, Bertie, Camden, Onslow1.

In House of Commons 10—Dec. 1832 read the first time and passed and referred to the Com. on Judiciary.

In House of Commons Jan 7. 1833 on motion of Mr. Outlaw postponed until 4th of March.

George C. Mendenhall, of Guilford; George Phillips, of Ashe; Duncan McCormick, of Cumberland; William R. Hall, of Brunswick; William E. Smaw, of Beaufort; Herod Faison, of Northampton; Thomas W. Norman, of Granville, and A. W. Mebane, of Bertie.

J. B. Jones, Currituck; Thos. J. Pugh, Bertie; William L. Kennedy, Beaufort; Cullen A. Blackman, Wayne; Archibald Monk, Sampson; George Boddie, Nash; John H. Montgomery, Moore; William A. Graham, Hillsborough; John E. Brown, Caswell; R. H. Alexander, Salisbury; William McLean, Cabarrus; Alanson W. Moore, Rutherford; Harrison M. Waugh, Surry.

Thursday, Nov. 20, 1834.—On Education and Literary Fund, Messrs. Samuel L. Arrington, of Nash; Hugh McQueen, of Chatham; John J. McMillan, of Bladen; Duncan McCormick, of Cumberland; Ephraim Mann1

1 Died at Raleigh, Monday, December 1, 1834. Senate Journal, 1834-35, p. 28.

Wednesday, Nov. 19, 1834.—Thomas C. Matthews, Pasquotank; Thomas J. Pugh, Bertie; John W. Potts, Edgecombe; Matthias E. Manly, New Bern; Archibald Monk, Sampson; George Boddie, Nash; Wm. Wadsworth, Moore; William A. Graham, Hillsboro; Littleton A. Gwyn, Caswell; William Foushee, Chatham; Michael Hoke, Lincoln; James H. Perkins, Burke; Harrison M. Waugh, Surry.

That their attention was first directed to the amount of the fund for common schools from all sources as provided by the act of the General Assembly of 1825. That act creates a corporation under the name and style of the President and Directors of the Literary Fund: to which is transferred as a fund “for the support of common and convenient schools,” the dividends arising from the stock held by the State in the Banks of Newbern and Cape Fear, which have not been before set apart for internal improvement; the dividends arising from stock of the State in the Cape Fear, the Roanoke, and Club Foot and Harlows Creek Canal, Navigation Companies; the tax derived from retailers of spirituous liquors and auctioneers; the unexpended balance of the agricultural fund; (excepting the Cherokee lands) the sum of twenty-one thousand and ninety dollars due from the federal Government on account of reservation of lands, purchased by this State from the Cherokee Indians; and of all the vacant and unappropriated swamp lands in this State, together with such sums of money as the Legislature may thereafter appropriate.

From these various sources divers sums of money have been raised, which the President and directors of the literary fund, under the direction of the aforesaid act of 1825, have invested chiefly in the purchase of stocks in the Banks of this State, and from the statements furnished in the last annual report of the Public Treasurer, the available funds of the corporation appear to be as follows:

To wit:

1200 shares of stock in Bank of the State of North Carolina   $120,000 Cash   19,403.99½ 50 shares of stock in Bank of Cape Fear   5,000.00 141 shares of stock in Bank of Newbern $14,100   On which there have been dividends of 25 & 20 per centum 6,345   Less 20 per cent on each share 2,820     $ 9,165   282 shares of stock in the State Bank of N. C., $28,200   4,935.00 On which dividends of 50 and 20 and 10 per cent have been received equal to $22,560   5,640.00     $154,078.99½

The total amount therefore at the close of the last fiscal year 1st Nov. 1834 was the sum of one hundred and fifty four thousand and seventy eight dollars, ninety nine and one half cents. In addition to the Bank Stock mentioned above, as belonging to the President and Directors of the Literary Fund, they are entitled to the annual dividends of profit on seven hundred and four shares in the Bank of Cape Fear and on three hundred and fifty nine shares in the Bank of Newbern, the latter however have ceased to yield any profits and may be omitted in any future estimates. During the last year nothing has been paid to this fund from the stocks of any of the Navigation Companies included in the act of 1825. Its increase in the next year may be reasonably estimated as follows, to wit;

Since the completion of their report the Committee have learned that the cash on hand amounts now to $24,000, which has been invested in 240 additional shares of stock in the Bank of the State of N. C.; the whole fund is therefore, $178,078.99½.

A Bill to authorise the President and Directors of the Literary fund to sell certain portions of the swamp Lands.

Be it enacted by the General Assembly of the State of North Carolina and it is hereby enacted by the authority of the same, That the Governor of this State, as President of the Literary Fund shall have full power and authority to appoint agents in any of the counties in which swamp lands, of the Literary Fund, are situated, to contract for and sell such parts of the said land, as the board may think it expedient, to bring into market, and that said agents may conduct such sales either by public auction or private contract, according to the direction of said President, nor shall any title be passed until a deed shall be executed by him, under the great seal of the State.

And be it further enacted, by the authority aforesaid, that the said President and Directors of the Literary Fund, shall and may allow such commissions on the amount of sales or such other compensations to the agents aforesaid, as they may deem a fair equivalent.

In House of Commons Jan. 9, 1835. Engrossed and examined.

In Senate Jan. 9, 1835. Read the first time and on motion of Mr. Montgomery (of A) ordered to lie on the table.

A meeting of the President and Directors of the Literary Fund was held at the Executive Office, at 7 Oclock P. M. Present,

David L. Swain Govr. & Prest.

Chief Justice Ruffin

Mr. Speaker Moseley

——Alexander

W. S. Mhoon, Pub. Treasurer.

William R. Hill was on motion of Ch. Justice Ruffin appointed Secretary.

The President submitted to the consideration of the Board the Acts of Assembly creating the Bank of the State of North Carolina, and the Resolution requesting the Board to take the necessary measures for the purchase, preservation and management of a Public Library for the State.

It was thereupon Resolved

That the Public Treasurer be requested to prepare and lay before the Board a detailed statement of the condition of the Fund, exhibiting the amount of cash now on hand, & the amount which will probably accrue in time to meet the payment of subscriptions to the Stock of the Bank of the State of North Carolina.

That the Public Treasurer be requested to subscribe in behalf of the Fund for such an amount of stock in said institution, as in his opinion may be done, without embarrassment to the Public Treasury; and that he avail himself if practicable, of the advantages secured by the charter to those stockholders who pay their subscriptions in advance.

It was further Resolved

That the President be requested to open a correspondence with such gentlemen at the north, as he may deem advisable, in order to procure catalogues of the best editions of the works proper to be placed in the State Library, and to ascertain the terms upon which they can be procured.

And then the Board adjourned subject to the call of the President.

A meeting of the President & Directors of the Literary Fund was held at the Executive Office this day.

Present,

David L. Swain, Presdt.

Chief Justice Ruffin

& William S. Mhoon Pub. Treasr.

The following Resolutions were read and adopted.

Resolved, that the President have authority to draw for so much of the funds appropriated by Resolution of the General Assembly at the last Session for the purchase of a Library, as shall be sufficient to pay for the Books purchased for the State from Victor M. Murphy, whenever the same shall be valued by a Bookseller.

Resolved, further, that the President be also authorized to draw for the residue of said fund or any part thereof from time to time to pay for such Books as may be purchased through the agency of Messrs. Turner & Hughes & for the expenses of making the purchases & of transportation &c: and that he may advance thereout such sums, as he may think necessary, to Messrs. Turner & Hughes to make purchases with.

The Board then adjourned subject to the call of the President.

In the year 1826, the unexpended balance of the annual appropriations for the increase of the Library was wholly appropriated. Since that period, the following Statement, exhibits the annual appropriations and expenditures.

A Bill to provide a fund for the establishment of free schools in the State of North Carolina.

In Senate Dec. 20, 1834, read the first time and passed and on motion of Mr. Wilson1

1 Jesse Wilson, Perquimans.

In Senate Dec. 31, 1834, taken up and on motion of Mr. McQueen ordered that the further consideration of the same be postponed until tomorrow.

In Senate, Jan. 5, 1835,—Read the second time, amended and on motion of Mr. Cooper2

2 Jesse Cooper, Martin.

Be it enacted by the General Assembly of the State of North Carolina and it is hereby enacted by the authority of the same, That the Justices of the different counties of the State, who may be appointed by the county court, to take the list of taxes in the different Captain's districts thereof, shall in addition to receiving the usual list of taxes required by law: require each free white person, who may either render a list of taxable property for himself or another person, to render the number of children between the ages of five and fifteen years embraced in his own family or in the family of such other person as he may render such list for, who can read, the number of children who can both read and write, and the number which have received no instruction whatever, also the number of such children aforesaid as have been sent to school, and the compensation received by their Teacher, and for what length of time.

Mr. Editor: An important period in the history of our State is at hand. In the exercise of our legitimate rights, we are to determine whether a Convention shall be formed to amend our present Constitution. It is impossible that any reflecting mind can regard such an event with indifference. Several amendments were determined on by the last Legislature, as the basis of the call. Some of them are heartily concurred in; to one at least, I ventured to object, some time since, through the medium of the Register. The genius of our Government, as well as true policy, must ever frown indignantly upon any retrenchment of franchise.

My object, however, at this time, is not so much to repeat any disapproval of what has been done, as to again call the attention of the public mind to what has been omitted,—the importance of PUBLIC SCHOOLS. If we are to be preserved from the evils of anarchy, and the chains of Despotism, the means of general and wise information must be afforded without delay to the whole American people. The want of this, is daily draining our native State of its wealth and best population: and if the system of neglect is persisted in, it will eventuate in the destruction of our political and religious liberties.

Let, then, the subject of Public Schools be freely and dispassionately discussed during the ensuing canvass for representatives in the Convention. Let it be required of the successful candidates, when convened in solemn council, that the immediate organization of one or more of these Schools, to be established in each county of the State, constitute the first act of their deliberations, and presented in due form for ratification. Reflection and experience will prove, that such a measure is of more vital importance to the best interests of the State, than equal representation itself. We may talk and legislate our life-time, on the benefits of internal improvements, and the blessings of a representative government; but nothing can be permanently effected until the mass of our population have their minds so enlightened as to be able to perceive the importance of the one, and justly to appreciate the value of the other.

Believe me, your editorial labors cannot be better directed than in pressing this subject home to the hearts and judgments of your fellow citizens. Your aid is seriously invoked.

[We concur entirely in what our correspondent suggests above; and shall take great pleasure in lending our feeble aid in carrying out his enlightened views. As despotism is based upon ignorance, so liberty rests upon education and intelligence, as constituting the superstructure upon which the temple of freedom is erected. We conceive it to be the first and paramount duty of every statesman and patriot, to direct his efforts towards the universal diffusion of the blessings of education in our whole country: But, as it was the patriotic aspiration of Henry the 4th of France, that he might “see the day when every Frenchman would have a fowl to put in his pot,” so it is more especially our ardent desire to witness that glorious era when every son and daughter of suitable age in North Carolina, shall have the spelling-book placed in its hands,—and be taught, through its agency, an American's duty to his God, his obligations to his country, and his rights and responsibilities as a Freeman. We hope our correspondent D—, having put his hands to the plow, will not turn back; but lend his efficient aid in the great cause to which he has so opportunely directed our attention.—Ed. Standard.]

Hugh McQueen, Chatham; John Gambill, Ashe; John Exum, Wayne; Geo. H. Alexander, Tyrrell; Wm. W. Cooper, Gates; Cornelius Dowd, Moore; Benjamin Sharpe, Edgecombe; Matthew R. Moore, Stokes.

John B. Muse, Pasquotank; Robert C. Bond, Halifax (town); Macon Moye, Pitt; James W. Howard, Jones; Simon G. Jeffreys, Franklin; Owen R. Kenan, Duplin; Peter R. Lilly, Montgomery; W. A. Graham, Hillsborough; L. A. Gwyn, Caswell; John Clement, Rowan; Michael Hoke, Lincoln; E. J. Erwin, Burke; Thos. L. Clingman, Surry.

To the General Assembly of the State of North Carolina.

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

That the receipts at the Treasury on account of the Literary Fund for the year ending the first day of November 1835 have been as follows, viz:

The balance of cash in the hands of the Public Treasurer as Treasurer of the Literary Fund, on the 31st of October 1834, as reported to the General Assembly of that year was$19,403.99½The receipts at the Treasury Department of the money belonging to this fund, for the last year, that from the 31st of October 1834 to the 1st Nov. 1835, amount to twenty nine thousand six hundred and seventy dollars and seventy two cents (29,670.72) and consist of the following items viz Cash received from the Bank of Newbern for dividend of 10 per cent of the capital on 141 shares of stock owned by this fund, declared Aug. 1834$ 1410.00Ditto Bank of Cape Fear for dividend of 3½ per cent profit on 704 shares of stock appropriated to this fund declared in Jan. 18352464.00 Ditto Bank of Cape Fear for dividend of 3½ per cent on 50 shares of stock appropriated to this fund, and declared as above175.00Ditto received from the Cape Fear Navigation Company for dividend No. 10 of 2 per cent declared May 28th 1831, received Jan. 1835566.14Ditto State Bank of North Carolina for dividends of 2 per cent profit on 282 shares of stock owned by this fund, declared November 1834564.00Ditto State Bank of North Carolina, for dividend of 8 per cent capital on 282 shares of stock owned by this fund, declared March 18352256.00Ditto Bank of Newbern of dividend of 15 per cent capital on 141 shares of stock owned by this fund, declared April 18352115.00Ditto Cape Fear Navigation Company for dividend No. 11 on the shares owned by the State and appropriated to this fund650.00Ditto Bank of Cape Fear for dividend of 5 per cent profit on 704 shares of stock appropriated to this fund declared in May 18353520.00Ditto Bank of Cape Fear for dividend of 5 per cent profit on 50 shares of stock owned by this fund, declared as above250.00Ditto Bank of Cape Fear for dividend of 1 per cent on 704 shares of stock appropriated to this fund, declared in July 1835704.00Ditto Bank of Cape Fear for dividend of 1 per cent on 50 shares of stock owned by this fund declared as above$50.00Ditto Bank of the State of North Carolina, for interest on advance payments, made on 1200 shares of stock in said Bank subscribed for in behalf of this fund in May 18343106.86Ditto Ditto for interest on advance payment of the 4th instalment on 240 shares of stock subscribed for in behalf of this fund in Jan. 183593.70Ditto received from the Bank of the State of North Carolina, for dividend of 2½ per cent on 1550 shares of stock owned by this fund, declared in June 18353875.00Ditto Ditto for dividend of 2½ per cent profit on 40 shares of stock owned by this fund subscribed 2nd Oct. 1835 declared as above100.00Ditto Ditto for dividend of 2½ per cent profit on 76 shares of stock owned by this fund, subscribed 15th July 1835, declared in June 1835190.00Ditto for entries of vacant lands4541.30Ditto for sundry Auctioneers for tax on sales at auction546.84Ditto from Sheriffs for taxes on retailers of spirituous liquors2,492.88Which added to the balance above stated29,670.72makes the aggregate sum of$49,074.71

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

The sum paid Charles Dewey Cashier of the Bank of the State of North Carolina for 240 shares of stock subscribed for on the 5th Jan. 1835 $24,000.00   This sum paid do. for interest on deferred payment of do. 398.47   This sum paid William R. Hill for his services as Secretary to the Board of Directors of the Literary Fund for the year ending 31st Decr. 1834 20.00   This sum paid Charles Dewey Cashier of the Bank of the State, for 110 shares of stock subscribed May 4th, 1835 11,000.00   This sum paid ditto for interest on deferred payment of ditto 342.67   This sum paid ditto for 76 shares of stock subscribed 15th July, 1835 7,600.00   This sum paid ditto for interest on deferred payment of ditto 321.66   This sum paid ditto for 40 shares of stock subscribed for on the 2nd October 1835, 4,000.00   This sum paid ditto for interest on deferred payment of ditto 224.83   Making an aggregate amount of   $47,907.63 Which deducted from the amount above stated, leaves a balance in the hands of the Public Treasurer as Treasurer of the Literary Fund on the 1st day of November 1835, of   1,167.08

The annexed table marked A. exhibits a statement of the several species of stock belonging to the Literary Fund, and of stocks the dividend of which were appropriated to it, by the act creating the corporation. The profit arising from the stock referred to, the tax accruing from sales at auction, the tax paid by retailers, of spirituous liquors, and sums paid for entries of vacant land, are at present the only source of accumulation. These may be estimated to produce during the next year, the sum of twenty thousand dollars, which under a standing Resolution of the Directors, will be vested in stock of the Bank of the State, at every period when the cash in the Treasury will be equal to the payment of ten shares. Small as these sources of revenue seem to be they are constantly increasing and if permitted to accumulate for a few years, will realize the liberal and extended views, of the enlightened statesmen to whom we are indebted for the foundation of this charity.

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

The Resolution adopted by the General Assembly in 1833, directing the Board to purchase a Library for the State, has been partly complied with. In addition to the purchase of a portion of the Library of the late Judge Murphey as stated in the last Report, a few valuable books for the legislative department of the Library have been purchased through the agency of Turner & Hughes Booksellers of this City, and are deposited in the executive office, for the use of the members of the General Assembly. A good law library which besides being an indispensable part of a Public Library, was greatly needed by the Supreme Court, and will be a most important acquisition to the judicial branch of the Government, has been purchased under the direction of Judge Gaston in New York. The boxes containing these books were received a few days since but as there is no place provided for the preservation of the books under such circumstances as to admit of convenient reference, the boxes have not been opened. A complete catalogue of all the works purchased is in preparation but may not be completed in time to be submitted to you before your adjourment.

A meeting of the President & Directors of the Literary Fund was held in the Executive Office this day.

On motion of Chief Justice Ruffin the following Resolutions were unanimously adopted.

Whereas it is in their opinion the duty of this Board to invest the Literary Fund in stocks yielding interest as speedily as may be after monies belonging to said Fund may be received by the Treasurer, so that the same may accumulate and be improved for the State as much as possible; And whereas by an Act of the General Assembly passed in the year 1833 the Board is authorized and required to invest the said fund by subscribing for stock in the Bank of the State of North Carolina, then created; and a part of the stock reserved by the charter of said Bank to be taken for the State, yet remains unsubscribed for by the Public Treasurer in the name of the State or by him as the Treasurer of this Board on behalf of the State and a considerable sum of money, namely the sum of twenty four thousand dollars ($24,000) or thereabouts, part of the Literary Fund, is now in the hands of the Treasurer unappropriated and lying in Bank in deposite & idle: Therefore

It is Resolved by the Board: First that the Treasurer be and he is hereby requested and directed to subscribe forthwith for as many shares in the said Bank as the said sum now in hand will pay for, on behalf and in the corporate name of this Board: Secondly that as monies belonging to the said Fund arising from profits or dividends on Bank Stock, entries of lands or otherwise shall come into his hands hereafter, he shall whenever he shall have thereof as much as one thousand dolars, subscribe from time to time, for other shares in the said bank to the value and amount of the said sum or sums then held by him and forthwith pay for the same, until all the stock reserved to the State shall have been subscribed for on behalf of the State by him, either as Public Treasurer or as Treasurer of this Board or until the period within which such subscriptions may lawfully be made, shall have expired; and that he report to the Board from time to time, such subscriptions as he shall make under the authority hereof and also the number of shares owned by the Board and the State of the Fund generally.:—

Resolved that the Secretary be allowed the sum of twenty dollars for his services for the year ending on the 31st December last.

The Board then adjourned subject to the call of the President.

A meeting of the President and Directors of the Literary Fund was held at the Executive office this day.

Mr. William R. Hill late Secretary of this Board having resigned his appointment, William T. Coleman was appointed Secretary in his stead and thereupon the Board adjourned subject to the call of the President.

William D. Moseley, Lenoir; Matthew R. Moore, Stokes; John C. Taylor, Granville; George F. Davidson, Iredell; James Kerr, Caswell; H. G. Spruill, Washington, and Stephen Fox, Mecklenburg.

Mr. Moseley prayed to be excused from serving on the Committee on Education and the Literary Fund, and he was excused accordingly; whereupon, the Speaker an-announced that Mr. McCormick1

1 Duncan McCormick, Cumberland.

Thomas S. Hoskins, Chowan; Herod Faison, Northampton; James George, Edgecombe; Abner Neale, Craven; Joseph M. Gillespie, Bladen; Robert B. Gilliam, Granville; Oliver K. Tuton, Robeson; William A. Graham, Orange; L. A. Gwyn, Caswell; William D. Crawford, Rowan; William S. Harris, Cabarrus; M. Patton, Buncombe; William Horton, Wilkes.

To the Hon. the General Assembly of North Carolina,

The Memorial of the Trustees of Donaldson Academy and Manual Labor School respectfully represents,

That they were incorporated by an Act of the Legislature in 1833 and soon after entered upon the duties assigned them by the Charter. These duties, highly important in themselves and greatly enhanced by extraneous circumstances, were well calculated to excite interest in the execution.

To your Memorialists was committed the Guardianship of a High School of the first order, intended professedly for the whole community, of every order and condition, embracing a school untried in this region, to be made competent to meet the public expectation yet without public Patronage. Your Memorialists however, cast themselves upon the munificence of an enlightened community and obtained subscriptions to the amount of $14000; from the avails of which a site was purchased on Hay Mount, a pleasant Hill overlooking the town of Fayetteville. On this site buildings have been erected and a school has been opened under the superintendence of an able, efficient and experienced Instructor and judging from an experiment of three years your Memorialists are satisfied that such an Institution was needed, and will, if properly sustained, become the means of much and lasting good to the community. Owing however, to the want of adequate funds, your Memorialists have been obliged to limit their operations, and if not aided beyond what they can expect from private liberality, they fear they will be compelled to relinquish some of the most important objects originally contemplated in the establishment of the institution. The amount which has been expended is $10,000 and this sum is probably as much as will be realized from the subscription list. But the Institution is yet incomplete. Several important Objects have not yet been attained, nor can they be, without further pecuniary aid. One of these objects is a department for Teachers in which, by a course of instruction adapted to their occupation, young men may be thoroughly prepared to become instructors. Such a department, your memorialists deem of primary importance in the cause of education in this State. The present time appears to be a crisis on which hangs the destiny of our Literature. The attention of the Public is extremely awake to the subject. There is an increasing demand for Schools and consequently for Teachers of an elevated character and of enlarged qualifications. Institutions for forming such teachers are essential because they cannot be prepared in sufficient numbers under private tuition and because at such institutions, beyond all question, a more thorough and appropriate preparation can be obtained. The success, indeed the very existence of Common Schools depends on the character of the Instructions given and this on the qualifications of the Teachers. Such qualifications can be well obtained only in institutions prepared for the purpose. Such Institutions, aiming peculiarly to promote the public good, stand in need of public patronage.

Another object contemplated in the charter granted by your Hon. body was an establishment where the students might devote a portion of their time to Labour, thus securing to themselves better health by exercise and diminishing at the same time the expense of education. As the region where the institution is located, does not admit of extensive agricultural operation, it was thought expedient that the students should direct their attention to Mechanical Pursuits. To this end some arrangements have been made and considerable has been done in the way of Labour, but it is ascertained that the expense of a suitable outfit, for a fair experiment in this department, is too great for the limited means possessed. Your Memorialists believe, however, that this appendage to the Institution, might be made valuable, both as a means of promoting health and of diminishing the expenses of the Students, and they feel so confident of this, that they are resolved to test the theory by a fair experiment whenever they can be put in possession of the requisite funds.

Another important object contemplated in the establishment of the Institution, was a department for the higher branches of science, where a suitable course of instruction might be given to such as could not afford the expense of a full collegiate course. The importance of a knowledge of science, when connected with Agriculture and the Mechanic Arts and as opening a wide field of observation and gratification to a contemplative mind is too obvious to need a particular discussion. No Education can be considered complete without some portion of this knowledge, and at this day when both agriculture and the Mechanic Arts, so essential to the prosperity of our Country, are beginning to be attended to on scientific principles, it is indispensable that every school of an elevated character, should be furnished with means for illustrating practically, or by experiment those principles, which must necessarily and so often be brought into operation in the business of life. With this view, your Memorialists have made arrangements to commence such a course of instruction, and have procured considerable apparatus for illustrating principles by experiments. In connection with what has been done, it is highly desirable that more apparatus be provided and that a cabinet be collected for illustrations in Natural History.

Civil Engineering is another branch of Education, which at this time demands particular attention, and for which it is desirable that the Institution be more thoroughly furnished with the means of instruction.

And now that your Memorialists may be able to carry into full execution the plan contemplated in the establishment of the Institution, they beg leave to present their case before your honorable body and respectfully solicit your aid. Far be it from your Memorialists to dictate to your Hon. body what shall be done, but with all due deference, they would ask, in what way can a portion of the public fund be more advantageously appropriated to promote the general cause of education, or the particular success of common schools than in aiding an Institution whose objects are such as have been stated?

The Institution needs more apparatus for illustrating the principles of science, and for practical mathematics. A Library containing works of reference and a cabinet of Minerals and Geological specimens are also needed and are of high importance. Means ought also to be provided for supporting at least one permanent instructor independent of the income from tuition. These are the prominent wants of the Institution, and your Memorialists do pray that your honorable body will take the case into consideration and from funds in your possession or to come under your control, you will afford such pecuniary aid as may relieve them from all embarrassment, and enable them to extend their operations and thus raise up an institution, which will become a nursery for your University, a blessing to the Community, a monument to posterity of the zeal and wisdom of their fathers, and in all respects worthy of its patrons and of the State.

Memorial in Senate.—In Senate 10 Decr. 1836 read and referred to the committee on Education and the Literary fund.—

The committee on Education and the Literary fund, to whom was referred, the Memorial of the Trustees of Donaldson Academy and Manual labor school, respectfully report—.

Clerk's entry on above report: In Senate 16 Jan 1837 read and concurred in.

Memorial in House.—In House of Commons, Dec. 12, 1836. Read and on motion of Mr. McNeill referred to the Committee on Education.

The Committee on Education to whom was referred the Memorial of the Trustees of the Donaldson Academy and Manual Labor School, have had the same under consideration and submit the following

Mr. Fox presented the following Resolution, viz.:

Resolved, That the Committee, to whom was referred so much of the Executive Message, as relates to the Surplus Revenue, that may be deposited in the State, be instructed to enquire into the expediency of providing, by law, for the distribution of the same, among the several counties of this State, according to population and taxation; to report by bill or otherwise.

Which was read, and, on motion of Mr. Edwards, ordered to lie upon the table.

Thursday, Dec. 23, 1836. Mr. Dockery presented the following Preamble and Resolutions, to wit:

Whereas, the Constitution of this State makes it the duty of the Legislature to establish Schools for the education of the people; and whereas, a faithful compliance with the said requisition of the Constitution, is calculated to perpetuate the blessings of a free government to posterity, since all such governments must mainly depend upon the intelligence and virtue of the mass of the people, who are the rightful source of all political power; and whereas, this state is about to receive a large amount of money from the Government of the United States, which will not, in all probability, be required for a great number of years, if ever, by the legitimate wants of said Government: Therefore,

Resolved, That the joint select Committee on the surplus Revenue, be instructed to enquire into the expediency of adding ........ thousand dollars to the Literary Fund.

Resolved, That they be further instructed to enquire into the expediency of distributing the interest of said fund among the several counties of this State, in proportion to their federal population, to be applied to the purposes of educating the indigent youth of the State; and that they have leave to report by bill or otherwise.

Which were read and referred to the Committee on Surplus Revenue.

Resolved, That the Committee on Education be instructed to enquire into the expediency of establishing a general system of Free Schools throughout the State.

Friday, Jan. 20, 1837. Received from the House of Commons the following Resolution, in which they ask the concurrence of the Senate, to wit:

Resolved, by the General Assembly, that the President and Directors of the Literary Fund of North Carolina be instructed to digest a plan for Common Schools, suited to the condition and resources of this State, and report the same to the next General Assembly.1

Which was read and adopted, and ordered to be enrolled.

An Act to drain the swamp lands of this State, and to create a fund for Common Schools.

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That there shall be a Board of literature in this State, to be denominated and called by the name of “The President and Directors of the Literary Fund of North Carolina;” and by that name they are incorporated into a body politic and corporate, and shall be capable of suing in any court of record in this State.

Sec. 2. That the Governor of this State, by virtue of his office, shall be the president of the said board; and there shall be three other members of the said board biennially nominated and appointed as such by the Governor of the State under and with the advice of the Council; but in case a vacancy occurs, the same shall be filled by the other members of the board.

Sec. 3. That all the swamp lands of this State, not heretofore duly entered and granted to individuals, shall be vested in the said corporation and successors, in trust, as a public fund for education and the establishment of common schools

Sec. 4. That in addition to the said lands, the following property and funds shall be vested in said corporation and their successors in trust, as aforesaid, to wit: all the shares of stock owned by the State in the Bank of the State of North Carolina, excepting one thousand shares of stock now held in said bank in the name of the president and directors of the Literary Fund, making, in all, five thousand shares; and also five thousand shares of stock in the capital of the Bank of Cape Fear, and the profits and dividends arising from said stock; which profits shall be re-invested by the said president and directors from time to time as they accrue, for the use of said fund, as they may judge best; subject, however at all times, to the direction and control of the General Assembly.

Sec. 5. That the said president and directors of the literary fund, shall be and they are hereby invested with full power and authority to adopt all necessary ways and means for causing so much of the swamp lands aforesaid to be surveyed, to contract with one or more persons to construct canals, ditches and other works necessary for the purpose of reclaiming said lands, upon such terms and conditions as may be prescribed by the said corporation; the contractor or contractors in each case, giving bond and security for the faithful performance of the agreement.

Sec. 6. Whenever it shall be necessary to construct any of the works of said corporation on the lands of any individual proprietor, the written consent, of such proprietor, without any formal deed of conveyance for the lands necessary to the work, and its future unrestricted enjoyment, shall vest the title thereof in the said corporation forever; and when any infant or person non compos mentis, or feme covert, shall be owner thereof, the guardian of such infant or person non compos mentis, shall be, and he is hereby authorized to give such consent; and the feme covert, with her husband may do so, without any separate examination; and the consent so given, shall, in either case, be good and valid to all intents and purposes.

Sec. 7. That whenever the consent of the proprietor aforesaid shall be withheld or refused, it shall be lawful for the said corporation, or their agents to enter on the said lands, and lay off so much of the same as may be necessary to be used in said work, the value of which shall be assessed to the proprietor according to the law of the land; and upon the payment, thereof, the title of said land shall be vested in the said corporation forever: PROVIDED, that in the assessment of such valuation, the benefit that will accrue to the proprietor by reason of said improvement, may be likewise reckoned and set off against the said damages.

Sec. 8. That when there are lands owned by individuals, which can be reclaimed by reason of the canals, ditches or other works of the said corporation, the said lands owned by said individuals shall be assessed to contribute an equitable proportion of the costs of said works; which assessment shall be made by the said president and directors, or by a board of commissioners appointed by them; and the assessment so made shall be charged on said lands: PROVIDED, HOWEVER, that the said corporation may, by contract with individual proprietors, agree upon the said assessment, and accept payment thereof in labor or money.

Sec. 9. The said president and directors shall have power and authority to appoint an engineer and surveyor and other servants, under them to plan the works herein contemplated, upon the most reasonable terms they can be procured; and they may enact all necessary rules and regulations for surveying and reclaiming the swamp lands of this State, or in any of them; for assessing the lands of individuals, which may be improved by the works; and for collecting said assessments and the assessments so made shall be published weekly, for five weeks in one of the newspapers published in Raleigh, and also filed in the office of the Clerk of the Superior Court where the lands assessed are situate; and if no objections are filed at the court next after such advertisement the said assessments shall be confirmed by the Court, and the lands adjudged liable for the amount, and execution may be issued for the execution of said lands, to satisfy the same on motion to the court for that purpose: and if any reasons be shown against the said assessments, they shall be heard and determined by the said court. And the said assessments shall be increased or diminished as the court shall adjudge is right.

An Act to repeal so much of the act, passed during the present session, entitled “an act to establish a fund for Internal Improvement, and to create a board for the management thereof,” as is consistent with an act passed at the same session, entitled, “an act to aid the Internal Improvements of this State,” and also to repeal so much of the act passed during the present session, entitled, “an act to create a fund for the establishment of common schools,” as is inconsistent with another act, passed during the same session, entitled, “an act to drain the swamp lands of this State and to create a fund for common schools.”

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That so much of the act passed during the present session, entitled, “an act to establish a fund for Internal Improvement, and to create a board for the management thereof,” as is inconsistent with an act, passed at the same session entitled, “an act to aid the Internal Improvement of the State;” and also so much of the act, passed during this session, entitled, “an act to create a fund for the establishment of common schools,” as is consistent with another act, passed during the same session entitled, “an act to drain the swamp lands of this State, and to create a fund for Common Schools,” be, and the same are hereby repealed.

Sec. 2. Be it further enacted, That the persons composing the Literary Board, created under an act, entitled, “an act to create a fund for the establishment of common schools,” shall be entitled to receive the same pay, and under the same regulations, as persons composing the board created under an act entitled “an act to aid the Internal Improvements of the State.”

Sec. 3. Be it further enacted, That if the stock holders in the Cape Fear Bank shall fail to accept the amendment of their charter, which is made by an act of the present General Assembly, so that the funds of the State cannot be invested in the stock of said bank as by said act is directed, it shall be the duty of the president and directors of the literary fund to loan out the sum so directed to be invested and added to the Literary Fund, or otherwise to secure and manage the same, so as to cause said fund to accumulate as rapidly as possible.

Sec. 4. This act shall be in force from and after its ratification.

Ratified 23d January, 1837.

An Act to receive the proportion of the Surplus Revenue to which the State of North Carolina is entitled, under the act of Congress to regulate the deposites of the public moneys.

Whereas, by an act passed at the last session of Congress it was directed that the money which shall be in the Treasury of the United States on the first day of January, eighteen hundred and thirty-seven, reserving the sum of five millions of dollars, shall be deposited with such of the several States of this Union, in proportion to their respective representation in the Senate and House of Representatives in the United States, as, shall, by law, authorize their Treasurer, or the competent authorities to receive the same, on the terms specified in said act:

Be it therefore enacted by the General Assembly of this State and it is hereby enacted by the authority of the same, That the proportion of the surplus revenue which is allotted to the State of North Carolina, by an act of Congress passed at the last session, entitled, “an act to regulate the deposites of the public money,” be, and the same is hereby accepted, by and in behalf of the said State.

Sec. 2. Be it further enacted that the Governor of this State, immediately after the passage of this act, notify the Secretary of the Treasury of the United States of the acceptance, by the State of such proportion of the surplus revenue to which it is entitled, according to the provisions of the act aforesaid.

Sec. 3. Be it further enacted, That the Public Treasurer of this State is hereby authorized, empowered and directed to execute in behalf of this State, such certificates of deposite for said money, pledging the faith of the State for safe keeping, and for the payment of the same, as may be prescribed by the Secretary of the Treasury of the United States, according to the provisions of the said act of Congress.

Sec. 4. Be it further enacted, That the Public Treasurer is hereby authorized and empowered to receive of the Secretary aforesaid, or his agent or agents, such portions of the public money to which the State is entitled aforesaid, and to execute such acquittances and acknowledgments for the same in behalf of the State, as may be prescribed or required, according to the provisions of the act of Congress aforesaid; and when said money shall be received by the Public Treasurer he shall deposit the same for safe keeping in the banks of this State, as a separate and distinct fund from the revenues of this State, and not subject to draft except by special order of the General Assembly, or unless the safety of the same shall require it, which shall be determined by the Governor, who may order it to be withdrawn.

An Act to provide for the redemption of the script issued by this State, under the act of the General Assembly, passed in the year one thousand eight hundred and thirty-five, and entitled “an act to provide for the payment of instalments on the shares reserved to the State in the capital stock of the Bank of the State of North Carolina.”

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same That the Public Treasurer is hereby empowered and directed to negotiate with the trustees of the University of this State, for the purchasing of the script issued by the State, and now held by the trustees of said University, amounting to one hundred thousand dollars principal; and to effect such purchase, the Treasurer aforesaid, in the name of and on behalf of the State, is hereby directed to transfer in lieu of said scrip one thousand shares of the capital stock of the bank of the State of North Carolina, now held and owned by the State in said bank.

Sec. 2. The Governor is hereby empowered and directed to appoint an agent, whose duty it shall be to purchase it, if practicable, the scrip issued by the State and sold to the Secretary of the Treasury of the United States for the use of the Cherokee Indians, amounting to three hundred thousand dollars; and to effect such purchase, the Governor is authorized to draw on any bank or banks of the State, having in it or their possession, any part of the surplus revenue of the United States, which has been or may be deposited with this State, under an act of the twenty fourth Congress, passed at its first session, entitled, “an act to regulate the deposits of the public money,” for a sum not exceeding three hundred thousand dollars, with which said sum the agent aforesaid may purchase the said scrip directly, or purchase other stocks, and transfer the same to the holder of said scrip in lieu thereof, as shall be agreed on between said agent and holder of said scrip.

Sec. 3. Said scrip when purchased in, under either of the foregoing sections, shall not be cancelled nor be deemed in anywise to be extinguished by such purchase but shall be deposited in the Public Treasury of the State, and shall not be re-issued, except in case of a call by the Federal Government on the State for the surplus revenues deposited with this State, under the before recited act of Congress, and re-issued then only by resolution of the General Assembly.

Sec. 4. The expenses of said agent, and such compensation for his services in the performance of the duties herein prescribed, as the Governor shall deem reasonable and proper, shall be paid him by the Treasurer on the warrant of the Governor.

Sec. 5. This act shall be in force from the passage thereof.

The Board of the Literary Fund met at the Executive Office, present his Excellency Gov. Dudley Prest. ex officio, Charles Manly and David W. Stone, Esqrs. when it was resolved that two hundred shares of stock should be subscribed for in the stock of the Bank of Cape Fear when the books for the same are opened for the new stock in the said Bank and that $26,900 of the monies now belonging to the literary fund now on deposit in the Bank of the State and Cape Fear, should be paid on the first instalment on the surplus of which over the first instalment interest would be allowed as an advance payment.

It was also resolved that the Secretary of this Board be directed to purchase a good blank book well bound for the purpose of keeping a record of the proceedings and doings of this Board. No further business being before the Board it adjourned to meet again on Monday the 13th of March at the Executive Office.

The literary Board met pursuant to adjournment. Present His Excellency Gov. Dudley, Prest. ex officio, Charles Manly and D. W. Stone, Esquires. The act ratified in General Assembly 18th Jan'y last, to provide for draining Mattimuskeet Lake, having been submitted to the Board, it is therefore Resolved That the act of the General Assembly entitled “an act to drain the swamp lands of this State and to create a fund for common schools” ratified on 20th January last has in the opinion of this board repealed and superseded the said act first referred to.

Resolved That this Board will take immediate steps to employ a suitable engineer in conformity with the powers under the act and that the Prest. of the Board be requested to make advertisement in the Raleigh Register and North Carolina Standard published in this City—the National Intelligencer and New York Evening Star weekly for six weeks.

Resolved that Christopher C Battle be and he is hereby appointed Secretary of this Board and that he be allowed a compensation at the rate of three dollars per diem for each and every day he may be employed provided that the whole of his compensation shall not exceed $500 per annum.

Resolved that all the laws and acts of the General Assembly in relation to the powers and authority of this Board be collected and transcribed by the Secretary in the first part of the Book in which the proceedings of this Board are to be kept.

The Board adjourned until tomorrow 10 o'clock.

The Board met according to adjournment. Present His Excellency Gov. Dudley, Prest. ex officio, Charles Manly and D. W. Stone, Esquires. In obedience to the resolution of the last meeting the President of the Board submitted the following:

The Board of the Literary Fund met in pursuance of the call of the Prest. present His Excellency Governor Edward B. Dudley, D. W. Stone and Charles Manly, Esquires.

Communications having been addressed to the State Bank and the Bank of Cape Fear under an order of the last meeting inquiring if they would receive the funds of this Board at interest and at what rate, and as no answers have been received from said Banks by the Board. The Board has thought proper to advise as to loaning to individuals, when the following resolution was adopted. Resolved. That the Board will on the 1st day of April ensuing proceed to lend such part of said fund as may then be in their possession. Resolved that the succeeding notice be sent to the papers of this city for two weeks publication.

Office of the Board of the Prest. & Directors of the Literary Fund of North Carolina.

Pursuant to adjournment the Board of the Literary Fund met this day. Present His Excellency Gov. Dudley, Ex officio Pres. of the Board D. W. Stone and Charles Manly Esquires.

In accordance with the published Notice of the Board at its last meeting, this day was occupied in discounting notes with the money appropriated by the last General Assembly for draining the swamp lands of this state as is required by said act of Assembly. The Secretary presented all notes to the Board which had been presented to him for said purpose; when the Board acted upon and accepted the following notes & directed warrants upon the Public Treasurer for the same individually. (Viz.)

No. 1.John Sugg, James Newlon Alsey Beavers$1,200No. 2Selby & Greene Bennett T. Blake Daniel Murray1,000No. 3Bennet T. Blake B. B. Smith T. H. Selby2,500No. 4B. B. Smith, W. Hill Bennett T. Blake J. Busbee4,000No. 5A. J. Battle C. C. Battle4,000No. 6T. S. Beckwith & Co. John Beckwith C. C. Battle1,000No. 7.Jno. J. Christophers James Litchford A. Williams1,000 No. 8.Wm. F. Clark, James Litchford Jno. J. Christophers1,500No. 9Thos. Cobb, John Buffalow John G. Marshall C. A. Smith John (his X mark) Hutchins W. M. Peck5,000No. 10.C. W. D. Hutchings Bennett T. Blake T. H. Selby1,200No. 11.Terrell & Brooks William Roles Benjamin Dunn Benjm. Marriott W. P. Terrell2,500No. 12.William Roles Burrell Perry John S. Terrell1,000No. 13J. Busbee Sarah Stone2,000No. 14Sarah Stone B. B. Smith J. Busbee1,200No. 15John Devereaux T. P. Devereaux1,200No. 16Samuel M. Morgan W. Barbee N. J. King2,000No. 17.William Barbee Samuel M. Morgan N. J. King3,000No. 18Wm. Barbee Samuel M. Morgan N. J. King3,000No. 19.Jno. W. Carr N. J. King John Hutchings James N. Patterson Mattie McCauley5,000No. 20Jno. Beckwith T. B. Deveraux Geo. E. Badger2,000No. 25A. Williams Fabius J. Haywood Jno. J. Christopher Jos. D. Newsom2,000No. 28.Thos. S. Cowan Thos. G. Polk Chas. Fisher57,000

The Board then adjourned to meet again on 3d April & continue their discounts.

The Board of the Literary Fund met this day pursuant to adjournment Present His Excellency Gov. Dudley Prest Ex Officio & D. W. Stone Esqr.

Mr. Manly being detained by indisposition in his family there was not a Quorum for the transaction of business—whereupon the Board adjourned until tomorrow the 5th day of April.

Pursuant to adjournment the Board of the Literary Fund met this day. Present His Excellency Gov. Dudley Pres. Ex officio D. W. Stone & Charles Manly Esquires.

The Board continued to act upon notes for discount being the unfinished business before them. A few notes were offered by the Secretary but not being satisfactory they were rejected by the Board. The Board then adjourned to meet again on tomorrow April 6th at 9 oclock in the morning.

The Board of the Literary Fund met present His excellency Edward B. Dudley, Prest ex officio D. W. Stone & Chas. Manly Esquires.

The following notes were offered to & accepted by the Board & directed to be discounted.

No. 27 John Lasater, Willie J. Fuller Bennett Lasater $1,500 No. 28 Cave & Holland Elisha Mitchell W. Barbee N. J. King 2,000

There being no other business before them the Board then adjourned.

The Board of the Literary Fund met this day present his Excellency Gov. Edward B. Dudley Prest. ex officio D. W. Stone & Chas. Manly Esquires.

In conformity with the act of last Legislature the Board considered as to the propriety of subscribing three hundred thousand dollars to the Bank of Cape Fear and also of stopping their discounts for the purpose of supplying the Wilmington & Raleigh Railroad—which requiring the cooperation of the Board of Internal Improvements—the Board adjourned to meet again tomorrow at 9 oclock.

The Board of the Literary Fund met this afternoon pursuant to adjournment present His Excellency E. B. Dudley Pres. ex officio D. W. Stone & Charles Manly Esquires.

When a letter of resignation as a member of this Board from Mr. Ebinezer Pettigrew was received & accepted.

Several notes were offered for discount none of which being satisfactory they were rejected.

No further business being before the Board it was adjourned to meet again tomorrow morning at 9 o'clock A M.

The Board of the Literary Fund met this day present His Excellency E. B. Dudley Pres. ex officio D. W. Stone & Chas. Manly.

The Board discounted notes this day to the amount of six thousand dollars—as follows (to wit)

No. 35. James Phillips, Elisha Mitchell, H. M. Cave $1,000 No. 36. Eleanor Haywood Sarah Polk Rob W. Haywood 5,000

There being no further business the Board adjourned to meet again at 6 o'clock P. M. tomorrow April 14th.

The Board of the Literary Fund met this day present His Ex. E. B. Dudley Pres. ex Officio, D. W. Stone & Chas. Manly Esquires.

There was but one note on hand for the consideration of the Board, which was rejected inasmuch as the makers and their circumstances were entirely unknown to the Board.

There being no further business the Board adjourned to meet on Monday the 17th at 10 clock A M.

The Board of the Literary Fund met this day pursuant to adjournment, present His Excellency Edward B. Dudley Pres. ex officio, D. W. Stone & Chas. Manly Esquires.

The Board resumed the business of discounting notes & accepted the following note (viz)

No. 37. Wesley Hanks, Jos. Ramsey, Stephen Petty $2,447

There being no further business the Board adjourned to meet at the call of the President.

The Literary Board met this day, pursuant to the call of the President Present His Excellency Gov. Dudley Pres. ex officio Chas. Manly & D. W. Stone Esquires.

A letter of inqury having been forwarded to Josiah Collins Jr. to know if he would be willing to fill the vacancy in the Board & his letter declining the favor having been received the President informed the Board that Caleb Spencer and David Carter had been recommended to fill the vacancy but the Board deferred making any appointment for the present.

The President also informed the Board that A. Saddler of Hyde County was recommended as an overseer of any work that they might desire to have carried on there, but there being no work now in progress or contemplated very shortly to be undertaken, they deem it unnecessary now to engage his services.

The President also informed the Board that Mr. Murray of Hyde County had a ditch leading from Mattamuskeet Lake to Yesoking Creek which would afford great facility to draining the Lake & that he was disposed & willing to sell it to the Literary Board for $3,000 but the Board do not think it advisable to make any purchase until further and more full information is had on the subject.

The Board then adjourned subject to the call of the President.

Pursuant to a call of the President the Board of the Literary Fund met this day. Present His Excellency Gov. Dudley Prest. ex officio Chas. Manly & D. W. Stone Esquires.

The President submitted various letters and applications for the appointment of Commissioners to superintend the draining of the Matimuskeet Lake & recommending divers persons for the appointment. Whereupon it was Resolved that David Carter, Tilman Farrow & R. M. G. More all of Hyde County be appointed for that purpose & that the President forward them Commissions accordingly.

It was also resolved that William A. Blount of Washington Beaufort County be appointed a member of this Board to supply the vacancy occasioned by the resignation of Mr. E. Pettigrew, Josiah Collins, Jr., having declined to accept the same.

No further business being now before the Board it adjourned subject to the call of the President.

The Board of the Literary Fund met this day according to adjournment Present Gov. Dudley, Prest. ex Officio Chas. Manly & D. W. Stone Esquires.

The President laid before the Board two communications—on the subject of a Civil Engineer to survey the swamp lands of this state. Mr. W. Gwinn recommended Mr. Charles B. Shaw of Charlottesville Va. & Mr. William D. Moseley Col. Carney of Beaufort. The President was directed to answer these communications—make a statement of the work to be performed & inquire what salary they would be willing to receive and what time they would be able to devote to the services required.

There being no further business the Board adjourned to meet again on Saturday the 1st July 1837 at 12 oclock.

At a meeting of the President and Directors of the Literary Board this morning present His Excellency Gov. E. B. Dudley, President Chas. Manly & D. W. Stone Esqs.

Two notes amounting to $3,200 were renewed. & one amounting to $3,000 was discounted as follows

No. 13 Renewal J. Busbee & Sarah Stone $2,000 14. Renewal Sarah Stone, B. B. Smith, J. Busbee 1,200 No. 1 Discounted—S. J. Baker, J. Deveraux 3,000

There being no further business before the Board they adjourned till tomorrow morning at 9 oclock.

At a meeting of the Board of the Literary Fund at 9 oclock this day pursuant to adjournment; Present at yesterday Gov. Edwd. B. Dudley, Pres. ex officio, Chas. Manly & D. W. Stone Esquires.

Three notes were renewed amounting to $8,200.

No. 15, A. J. Battle $6,000 No. 16, C. W. D. Hutchins 1,200 No. 17, J. T. Leach 1,000

There being no further business the Board adjourned till 6 oclock tomorrow evening July 6th A. D. 1837.

The Board of the Literary Fund met this day agreeable to adjournment present Gov. Dudley, Prest. ex officio D. W. Stone Chas. Manly & Wm. A. Blount Esquires.

The notes of Messrs. Thos. Cobb D. Boon & Wesley Hanks amounting to $8,900 were severally renewed and filled.

No. 19. D. Boon (Interest Paid) $1,500 18. Thomas Cobb (Interest Paid) 5,000 20 Wesley Hanks (Interest Paid) 2,400

Of the New Notes offered for discount the Board accepted the following and resolved not to discount more for the present.

No. 3. J. Bear, Jr. $2,000 4. W. & A. Stith 2,000 5. J. W. Lewis 4,000 6. Bunn & Bryant Bennett Bunn & 8,000 7. Bennett Bunn 6,500 8. Holderby & McPheeters 6,500 9. A. D. More J. Swan J. More 2,000 10. F. J. Swann 4,000 11. T. F. Davis 1,500 12. T. P. Devereaux 1,000 13. Fred Hill 1,200

Agreeable to adjournment the Board of the Literary Fund met this day present Gov. E. B. Dudley, ex of. D. W. Stone, Chas. Manly & William A. Blount, Esqs.

There being no notes offered for renewal and the Board having stopped their discounts, the subject of the swamp lands was taken up for consideration. Gen'l. William A. Blount suggested that in their exertion for the reclamation of the Swamp Lands it might be proper and most expedient first to ascertain that the state held the lands in undisputed titles, make some convenient selection—try the experiment on a small schale with means adequate to test its practicability & if that succeeded then to begin on a more enlarged & liberal system. After some more general discussion the subject was postponed for further consideration & the Board adjourned to meet again on Monday the 10th July at 4 oclock in the afternoon.

The Literary Board met this day agreeable to adjournment, present His Excellency Edward B. Dudley Pres. exofficio, Chas Manly, D. W. Stone & William A. Blount.

The Board acted on the notes offered for renewal & then resumed the consideration of the lakes and swamp lands belonging to the state. After being sometimes engaged in the investigation of this business, the Board adjourned to meet again tomorrow at 9 oclock July 11th A. D. 1837.

Agreeable to adjournment the Board Lit. Fund met this day present Gov. Dudley Prest. ex officio, Wm. A. Blount, D. W. Stone & Chas. Manly Esqs.

The Board renewed the notes offered to the Board & directed the Secretary to draw a warrant for the pay of the Board this day inclusive.

A warrant was drawn in favor of C. C. Battle for $290.87½, the amount of which the members were paid

Gen'l Wm. A. Blount $ 62.87½ Gov. Dudley, D. W. Stone, Chas. Manly 57 each. 171.00 C. C. Battle, Secretary (19 days) 57.00   $290.87½

(See Warrant Book No. 84)

This day the Literary Board met present Gov. Dudley Prest. ex officio, D. W. Stone & Chas Manly Esquires.

Again the Board renewed notes, interest being paid, & there being no further business the Board adjourned.

DEAR GOVERNOR An omission has just been discovered in the subscription list received from the Commissioners at Raleigh. Mr. Wm. H. Haywood, Jr., is put down as subscribing by himself & others for 57 shares, when there are but 56 subscribers of one share each. I suppose that one name has been omitted or perhaps Mr. Haywood means to put down 2 shares to his own name. At any rate he seems to have paid the first Instalment on 57 shs. Will you be good enough to have it corrected and return me the list. Mr. Haywood has never yet presented his receipts nor obtained his certificate for the first 20 shares subscribed & can receive no dividends until he does.

If he will send his receipts for the 1st instalments on the 57 shares last subscribed to Mr. Wright, they can be in the receipt for the 2nd instalment which he is about to pay.

Mrs. Hutridge is much better convalescent. No news except the sudden demise of citizen Morgan Sholar in the fullness of his fame and glory, just as his star had reached the ascendent & rewards and honors were wooing his acceptance “sic transit etc.” The customs are in mourning.

DEAR SIR: With the assistance of Mr. Haywood the subscription made on his account has been made correct agreeably to his payment & herewith I return the list. I hand you herewith also the power of Atty. of the several persons for whom he paid the 1st instalments with directions thereon to transfer 50 shares to Mr. Haywood and the remaining seven to the President & Directors of the Lit. Fund of No. Car. Please send me the receipt for the seven shares for which Mr. Haywood has been paid. I hand you herewith also the Treasurer's check on your own Bank for four Thousand Dollars to pay the second instalment on the subscription of stock made originally by the Prest. & Directors of the Lit. Fund of No. Car. The receipt for which please forward to me. Mr. Haywood has strong suspicion of having lost his receipts for the payment stock formerly subscribed for in your Bank. He has looked several times unsuccessfully & he would be pleased to get the evidence of stock on your Knowledge of the payment if admissable & will agree to deliver the receipts whenever found or make them void whether found or not.

On this day I deposited with D. W. Court Public Treasurer of North Carolina checks and money belonging to the Literary Fund of North Carolina amounting to $2,134.33 being interest and part principals ($47) on notes discounted by said Board in April last. For which I have his receipt dated July 14th 1837 & which may be found with the papers of said Board on file in this office, the office of said Board.

Sept. 1837. Paid Mr. T. Loring $2.87½ for printing done by order of the Board of the Literary Fund, for which I have his Recept. on file with the papers of said Board.

On this day Chas. Manly & D. W. Stone commenced to transact some business for the Board of the Literary Fund.

In execution of a resolution of said Board they selected from the reports on Internal Improvements the following extracts, one hundred copies of which are to be published for the use of said Board.

Report of J. Price & W. C. Cameron, Pages 29-36 of our sea Cost. Pages 84-88 A D. 1822 Report of H. Felton, brown & white marshes Pages 16-19 1823 Report of H. Felton on Canal from Plymouth to Pungo River Pages 30-31 Report of H. Felton, brown & white marshes Pages 35-36 1827 Nash Report on Swamp Lands Pages 5-23 Brazier Report Big Swamp Pages 25-28

As Secretary to the Board I immediately engaged Mr. Lemay to print the above number of pamphlets & also subscribed by order of the Board for the “Farmers Register” Published by Edward Ruffin, Petersburg, Va. for which I sent him a five dollar note and have his recpt. for the same on file with the papers belonging to the Board of the Literary Fund.

Pay to Thomas J. Lemay seventy eight & 50-100 Dollars out of the money belonging to the Literary Fund for printing for said Board as per bill & this shall be your warrant for the same.

Superceded by warrant No. 110. See Warrant Book Drawn by the Gov. as Governor & not as Pres. ex officio. Oct. 6th 1837.

The Board of the Literary Fund met this day pursuant to a call of the President present His Excellency Gov. Edward B. Dudley Pres. ex officio, Chas. Manly, D. W. Stone.

When seven notes amounting to $16,000 were discounted on renewal.

There being no further business the board adjourned to meet again on Monday, the 4th Sept. at 10 oclock, A. M.

Pursuant to adjournment the Board of the Literary Fund of North Carolina met this day present Gov. Edward B. Dudley Pres. ex officio, Charles Manly & D. W. Stone Esquires.

The President submitted letters from several gentlemen as to the terms on which they would be employed as civil engineers by the board: whereupon it was Resolved. That Mr. Charles B. Shaw of Virginia be appointed civil engineer for this Board at a salary of $2,500 per annum agreeable to the terms stated in his letter of the 3d July 1837. Resolved that the President of the Board be requested to inform Mr. Shaw of his appointment & desire him to report himself to this Board at Raleigh as soon as convenient for instructions as to the duties desired to be performed.

The Board then adjourned subject to the call of the President.

By a call of the President the Board of the Literary Fund met this day present His Excellency Gov. Dudley, Pres. Ex officio D. W. Stone & Chas. Manly Esquires.

Notes were offered for renewal to the amount of $16,900 & the interest being paid on them, they were examined and accepted.

There being no further business the Board adjourned to meet again tomorrow Tuesday evening at 5 oclock.

The Board of the Literary Fund met this day pursuant to adjournment Present Gov. Dudley Pres. ex officio, Chas. Manly & D. W. Stone Esquires.

Three notes to the amount of $6,950 were renewed Interest being paid on the old Notes.

Met according to adjournment. D. W. Stone only being present adjourned till tomorrow Oct 5th, 5 oclock P. M.

On this day I deposited with D. W. Courts Pub Treas. of the state of No. Car., one thousand six hundred & thirty nine 87½-100 Dollars being money paid to me as Secretary to the Board of the Literary Fund of No. Ca., as Interest on Notes discounted by said Board in April & July last Past for which I hold his receipt in the papers for said Board on file in Executive Office, office of said Board, as follows

For Notes due in July $ 89.62½ For Notes due Oct. past 1550.25 Total $1639.87½

Met according to adjournment. Gov. Dudley Prest. & Chas. Manly Esqr. There still being no quorum, adjourned till tomorrow Oct. 7th at 10 oclock A. M.

Pursuant to adjournment, the Board of the Literary Fund met this day present Gov. Dudley Prest. Ex. of. Chas. Manly & D. W. Stone Esquires, when Notes to the amount of $68,000 were renewed, Interest being Paid. The Note of Thos. L. Cowan & others for $57,000 was renewed in full contrary to the resolution of the Board adopted in July last requiring 10 per cent to be paid at every renewal hereafter on all notes of $10,000 & on the promise of the obligors in said Note to pay 20 per cent at the next renewal in Jany. which the Board will insist on being fully complied with. It was resolved that the Engineer employed by the Board Mr. Chas. B. Shaw be directed to go on to the North & procure such Instruments as he may require in the Surveys, etc., to be made of the Swamp Lands & that he be authorized to employ one assistant Engineer & such other common Laborers & assistant surveyors as he may need when he goes down on the Lands & that the President of the Board be authorized to furnish Mr. Shaw with funds necessary for the above purposes. Resolved That the Instalment due on the stock in the Bank of Cape Fear subscribed for by this Board be paid by the President of this Board when it shall become due.

There being no further business before the Board it adjourned to meet again at the call of the President.

$792.00

Pay to C. C. Battle seven hundred and ninety two Dollars out of the appropriation for draining the Swamp Lands of this state to purchase instruments, etc., as per requisition of Chas. B. Shaw Civ. Eng. to the Board Lit. Fund & this shall be your warrant.

Instruments 2 Levels $260   1 Theodolite 120   1 Compass 40 Targets, chains, Rods & Leve Slaves   37     $457.00 My own expenses to Balt & back to Norfolk   35.00 1 mo. pay of party on field service about   300.00 exclusive of the pay of an assistant which will be about $1,000 per annum payable quarterly   $792.00

Received $792.00 for the purpose specified above from C. C. Battle.

DR. SIR: I hand you, enclosed, check from the Bank of the State on your Fayetteville branch for four thousand One hundred & forty Dollars to pay the third instalment of subscription made by the President and Directors of the Literary fund of North Carolina & by others for them of 207 Shares of the New Stock in the Bank of Cape Fear.

Please apply the check and send me a receipt.

The Board of the Literary Fund met this day present His Excy. Gov. Edwd. B. Dudley Prest. Ex officio D. W. Stone & Chas. Manly Esquires.

Notes were offered and renewed, interest being paid thereon, to the amount of forty six thousand one hundred Dollars.

There being no further business before the board it adjourned to meet again tomorrow evening at 5 o'clock.

The Board of the Literary Fund met this day, present His Ex'y Edwd. B. Dudley, Prest. ex of. D. W. Stone & Chas. Manly.

No notes being offered for renewal & there being no other business under consideration the Board adjourned to meet on thursday evening next at four oclock.

Pursuant to adjournment the Board of the Literary Fund met present His Exy. Edward B. Dudley Pres. Ex Officio, D. W. Stone & Chas. Manly Esquires.

No Notes being offered for renewal though many were due, it was ordered that the Resolution, passed 11 July 1837 directing suit to be brought on all Notes not offered for renewal within thirty days after they were due, be published again so as to give full and ample notice to the debtors. There being no further business the Board adjourned to the 24th. inst. 4 oclock P. M.

The Board met this day pursuant to adjournment present His Exy. Edwd. B. Dudley Prest. ex officio, D. W. Stone & Chas. Manly Esquires.

The Note of W. & A. Stith for $2,000 was renewed Interest being paid thereon. There being no further business before the Board it adjourned to the 26th inst. 4 oclock P. M.

The Board met this day pursuant to adjournment present His Ex'y Edwd. B. Dudley President ex officio, D. W. Stone & Chas. Manly Esquires.

The Notes of Thos. Cobbs was offered and received, interest being paid thereon. There being no further business the Board adjourned to the 30th inst. 4 o'clock P. M.

The Board met this day pursuant to adjournment. present His Ex'y Edward B. Dudley Pres. ex officio, D. W. Stone & Chas Manly Esquires

Two notes in amount $7,000 were offered and renewed Interest being Paid thereon. There being no further business the Board adjourned to the 31st Oct. 4 oclock P. M.

The Board met this day pursuant to adjournment present His Exy. Edwd. B. Dudley President ex officio D. W. Stone & Chas. Manly Esquires.

The Note of W. J. Langdon for $6,000 was offered & renewed interest being paid thereon. There being no further business before the Board it adjourned to the 1st Nov 1837 4 oclock P. M.

$1171

Rec'd of C. C. Battle Secretary to the Board of the Literary Fund eleven hundred and seventy one Dollars being interest on money loaned on bonds by said Board for which sum I have given two receipts of the same tenor and date.

These are the words of the Treasurers recpt which I have on file in the papers of the Board of Literary Fund.

Pursuant to adjournment the Board of the Literary Fund met this day present His Exy. E. B. Dudley Prest. ex officio D. W. Stone & Chas. Manly Esquires.

The Note of T. L. Beckwith & Co. for $1,000 was received Interest being paid thereon. There being no further business before the Board it adjourned to meet again tomorrow the 2nd instant 4 o'clock P. M.

The Board met this day according to adjournment Present His Excy Edwd. B. Dudley, Prest. Ex officio D. W. Stone & Chas. Manly Esquires.

The Board met this day according to adjournment Present His Excy. E. B. Dudley President Ex officio D. W. Stone & Chas. Manly Esquires.

When the note of Thos. E. Davis for $1,000 was renewed interest being paid thereon. There being no further business before the Board it adjourned to meet at the call of the President.

Warrant No. 117 was drawn in my favor on the Public Treasurer for $283 87-100 to defray the expenses of the Board up to this day.

Gov. Dudley, D. W. Stone & Chas. Manly for 23 days at 3 per day—$69 each—Total $ 207.00 C. C. Battle Secty—23 days 69.00 For Farmers Register (Vide page 23) 5.00 T. Loring printing account (Vide page 22) 2.87 Total $283.87

Pursuant to a call of the President the Board of the Literary met this day present His Excellency Edward B. Dudley, Pres. Ex officio, Chas. Manly & D. W. Stone.

$466.16

Rec'd of C. C. Battle Secretary to the President & Directors of the Literary Fund four hundred & sixty six 16/100 Dollars as interest on money loaned by said Board for which sum I have given two receipts of the same tenor and date.

These are the words of the P. Treasurer recpt which I have on file with the papers as follows

Of this sum There belongs to the Interest due in July $9.66 The balance on the October Recpts 456.50 Amounting to $466.16

Loaned in April 1837$145,197.00Interest for three months2,177.95Wesley Hanks returned of Principal47.00A. J. Battle Paid interest for three months & 13 days on four thousand Dollars so as to embody two notes8.66The aggregate amount$2,233.61 Deposited July 15th (see page 22) with Pub. Treas.$2,134.33Deposited Oct. 15 (25)89.62Deposited No. 15 (33)9.66Total Interest Paid$2,233.61Renewed and loaned in July$211,850.00Interest for 3 months3,177.75Deposited Oct. 5 (26) $1550.25 Oct. 31 (31) $1171.002,721.25Nov. 15456.50Total Interest paid by C. C. Battle, Secty$3,177.75

Pursuant to the call of the President the Board of the Literary Fund met this day present His Excy. Edwd. B. Dudley President Ex officio, D. W. Stone & Chas. Manly Esquires.

The Note of R. M. Sanders was laid before the Board for $2,500 which was discounted by the Board. There being no further business before the Board it adjourned subject to the call of the President.

On this day I deposited in the Bank of the State Notes belonging to the Board in amount $204,350.

Pursuant to a call of the President, the Board of the Literary Fund met this day present His Excellency Edward B. Dudley Pres. ex officio D. W. Stone & Chas. Manly, Esquires.

$3,000

Pay to C. C. Battle three thousand Dollars out of the funds placed under the control of the Board of the Literary Fund by the last Gen'l Assembly for draining swamp Lands of this State & this shall be your warrant.

On the day and date above mentioned I drew the amount of the warrant from the Bank—Cash $1,000 Check on Branch Bank at Newbern 2,000 Total (Vide warrant above) $3,000

Which amount I immediately handed over to the President. Also as directed by the Board I wrote on immediately to Edward Ruffin, Proprietor of the Farmers Register for three copies of a Systematic Treatise on the Theory & practice of Draining lands, &c.” for which I have promised to pay on the reception of said copies.

The above sum of $3,000 was disposed of as follows as per statement of Edward B. Dudley President ex officio:

Paid to C. B. Shaw—C. Engineer quarter salary per rect. $625.00 Deposited in the hands of the Engineer to Defray Expenses for surveying—preparatory to Draining the Swamp Lands belonging to the State as per his receipt on in the papers of the Board 300.00 Paid expenses of the Board of the Literary Fund on a visit to Hyde County to examine the Swamp Lands & direct the work preparatory for draining the same 290.34 Deposited to the credit of the Board in the Branch of the Bank of Cape Fear at Washington Beaufort County 1700.00 Total 2915.34 Balance in the hands of the President (vide page 269) 84.66 Amount to meet the check $3000.00

Receipt copied for $84.16 on page below 269 paid by Gov. Dudley.

$625.00. Received of E. B. Dudley Prest. ex officio of the Literary Board six hundred & twenty five Dollars on account of my salary as Engineer of said Board.

The Board of the Literary Fund met this day agreeably to a call of the president. Present His Ex'y E. B. Dudley Prest. ex officio, D. W. Stone, Chas. Manly & W. A. Blount Esquires.

The following resolutions were offered and adopted. Resolved that Mr. Shaw the Engineer of the Board be authorized to hire either by the month or year as he may think fit such number of laborers in his operations for surveying as he may find necessary not exceeding Ten & the certificate of Mr. Shaw in writing—stating the time of hire and the prices to be paid shall be obligatory on the Board & entitle the holder thereof to demand & receive payment from said corporation.

Resolved that said laborers when not wanted in surveying be hired out under the direction of the Engineer & the proceeds (if any) applied to the payment of their hire. There being no further business the Board adjourned.

Whitmel Stallings, Gates; M. A. Wilcox, Halifax; John C. Gorham, Pitt; L. A. Gwynn, Caswell; Green W. Caldwell, Mecklenburg; Edward J. Erwin, Burke; William B. Wadsworth, Craven; J. T. Miller, New Hanover; Wm. W. Peden, Wilkes; Duncan McLaurin, Richmond; Dempsey B. Massey, Wake; W. D. Crawford, Rowan; R. C. Puryear, Surry.

Messrs. William W. Cherry, of Bertie; William B. Shephard, of Pasquotank and Perquimans; Samuel S. Biddle, of Craven; H. G. Spruill, of Washington and Tyrrell; Samuel L. Arrington, of Nash; Thomas Bunting, of Sampson; and David S. Reid, of Rockingham.

Thursday, December 6, 1838.—A message from the Senate, proposing that the standing committees of both Houses on Education and the Literary Fund, be constituted a joint select committee. The proposition was concurred in.

Saturday, December 1, 1838.—Mr. Williams1

1 J. O'K. Williams.

Resolved, That the committee on Education and the Literary Fund be instructed to inquire into the expediency of establishing Free Schools in each and every county in the State, and report by bill or otherwise. Which was read and adopted.

Monday, December 3, 1838.—Mr. Moody*

* William Moody, of Northampton county.

Resolved, That a committee be appointed to wait upon his Excellency the Governor, requesting him to lay before the Legislature, at as early a day as convenient, the resolution of the last Legislature, and all papers relative to Free Schools in the State.

Which was read and adopted.

Tuesday, Dec. 4, 1838.—The Speaker1

1 Andrew Joyner, of Halifax.

Thursday, December 6, 1838.—Mr. Dockery presented the following preamble and Resolution, to wit:

Whereas the Constitution of this State makes it the duty of the Legislature to establish schools for the education of the people; and whereas a faithful compliance with the said requisition of the Constitution, is calculated to perpetuate the blessings of a free government to posterity, since all such governments must mainly depend upon the intelligence and virtue of the mass of the people, who are the rightful source of all political power; and whereas this State has now a large fund known as the Literary Fund, set apart by former Legislatures for the purpose of diffusing information among the people.

Resolved, therefore, That the Committee on Education and the Literary Fund, be instructed to inquire into the expediency of distributing the interest of said fund among the several counties of this State, in proportion to their federal population, to be applied to the purposes of educating the indigent Youth of the State, subject to the control, direction and supervision of a Literary Board, to be created by the County Court of each respective county; and that they have leave to report by bill or otherwise.

Which was read and adopted.

Tuesday, Dec. 25, 1838.—Mr. Cherry presented the memorial of Susan D. Nye Hutchison on the subject of Female Education; which was, on his motion, ordered to be referred to the Committee on Education.

Monday, January 7, 1839.—The engrossed resolution on Public Instruction was taken up and read the first and second times, and, on motion of Mr. Taylor, amended and passed. The resolution was then read the third time and passed, and ordered to be enrolled.

—Senate Journal, 1838-39, p. 231.

Monday, Jan. 7, 1839.—A message from the Senate, informing that they have passed the engrossed “Resolutions on Public Instruction,” with sundry amendments, and asking the concurrence of this House. The amendments were read and concurred in, with an additional amendment superadded, in which the concurrence of the Senate is asked.1

A message from the Senate, concurring in the amendments made by this House to the engrossed Resolution on Public Instruction.

Friday, December 7, 1838.—Received from the House of Commons a message, therewith transmitting to the Senate the message of his Excellency the Governor, with the report of the Literary Board, and other documents which they propose to refer to a joint select committee consisting of six on the part of each House; and further propose to print the whole, with the exception of C. B. Shaw's first report, one copy for each member of the General Assembly; and they also propose to print the report on Common Schools, nine copies for each member of the General Assembly; which was read, and, on motion of Mr. Wilson, ordered to be laid on the table.

Friday, December 7, 1838.—Received from his Excellency the Governor, by his Private Secretary, a message recommending the consolidation of the two Boards directing the Internal Improvement and Literary Fund of the State, and communicating also the report of the President and Directors of the Internal Improvement Board, together with sundry documents connected therewith. On motion, Ordered, that the same be transmitted to the Senate, with a proposition that the message of the Governor and the report of the Board be printed.

A message from the Senate, informing that they do not concur in the proposition of this House to refer the Report of the President and Directors of the Literary Fund, with the message of His Excellency the Governor accompanying the same to a Joint Select Committee, and proposing that they be referred to a Joint Select Committee on Education and the Literary Fund. This proposition of the Senate was concurred in.

Saturday, December 8, 1838.—Received from the House of Commons a message, concurring in the proposition of the Senate that the Standing Committees of both Houses on Education be constituted a Joint Select Committee.

On motion of Mr. Taylor1

1 John C. Taylor, of Granville.

Ordered, That a message be sent to the House of Commons proposing to refer the Report of the Literary Board and other documents to the Joint Select Committee on Education and the Literary Fund.

Tuesday, December 11, 1838.—Mr. McWilliams1 presented the following resolution:

Resolved, That the resolution of this House, ordering the printing of ten copies of the report of the President and Directors of the Literary Fund, on the subject of Common Schools for each member, be, and the same is hereby rescinded.

Resolved further, That a message be sent to the Senate, requesting their concurrence with this House in the above resolution.

The resolution was read and rejected.

A Resolution adopted at the last session of the Legislature made it the duty of the President and Directors of the Literary Fund to digest a plan for Common Schools suited to the condition and resources of the State, and to report the same for the consideration of the present General Assembly.

The Board have given to this subject attentive and anxious consideration, and taken pains to procure all the information within their reach, which seemed essential to enlightened legislation. On the .... day of ...... last, the President under the direction of the Board, transmitted a circular to the Governor of each State in the Union, requesting copies of all legislative acts and other official Documents in relation to Common Schools, either in existence or contemplation. This communication received the favorable and general attention which the interesting subject to which it relates was too well calculated to excite, and the Board have thus been enabled to present to the General Assembly many publications of great interest and value.

They regret to be compelled to state in connexion with this topic that the efforts to procure still more important information, with respect to the actual state of education in North Carolina, have been much less successful, and that no means at their command will enable them to obtain such facts as are indispensable to the proper discharge of the duty required at their hands.

The reports to the Senate in 1816 and 1817, by the late Judge Murphey, the letter of Charles R. Kinney, Esq., communicated to the General Assembly by Gen. Owen in 1828, and the letters of the late President Caldwell originally published in the newspapers and republished in pamphlet form in 1832 have been procured not without difficulty. They contain many valuable suggestions, and will well reward the labor of the most careful examination, but they are all eminently wanting in that which individual effort is competent to supply—the precise and minute statement of facts by which alone the accuracy of their theories can be tested.

The Memoir on the subject of internal improvements and on the resources and finances of the State published by Judge Murphey in 1819 is the first and only essay that has been made towards the compilation of a system of statistics, almost as indispensable to intelligent legislation, on the leading interests of the State, as a well arranged Account Book to the proper management of individual affairs.

If it shall be objected to this Report, that like all others which have preceded it, it abounds in hypothesis and theory, the General Assembly will not be disposed to censure too harshly, the most manifest defect, when it is apparent that none others than themselves are competent to afford a remedy. The Memoir of Judge Murphey, above referred to, comprised much valuable information, of great interest, at the date of its publication, and constituted the proudest monument to his memory. On the subject of education however, it did not profess to enter into details, and the lapse of nineteen years has wrought greater changes in the character and condition of the State, than would be likely to occur to an ordinary observer. Since that time no addition has been made to the meagre amount of statistical knowledge. There is no publication extant, no individual in existence, that can afford any satisfactory information with respect to the number of Common Schools in the State, much less the number of pupils, the mode of instruction, the condition of school houses, the character and qualifications of the instructors. Indeed it is doubted whether there is any one competent to meet these inquiries with regard to a single county, certainly there is none without the legislative body, and yet all this and much more is not merely desirable and necessary, but indispensable to the great purposes contemplated by the Resolution requiring this Report. Of the number, resources, and condition of our academies something more and yet very little is known. Even the history of the University is as yet unwritten, the subject has been ascertained to be obscure by those best acquainted with it, and though the Institution bears the name of the State and has been proudly denominated “the child of the Constitution,” its precise situation and resources, the mode of instruction, government and police, the effect which it has heretofore had and is likely to have hereafter on the morals, intelligence and character of the State, are less familiarly known than they should be, even to the constituted authorities of the Country.

The Board have no apology to offer for the introduction of these remarks. They believe there are none more devoted than they to the best interests of their native State, and they would regard themselves as recreant to the highest obligations of patriotism, if under the influence of false pride, or the disposition to pander to public vanity they should suppress any truth, which the public interest required to be promulgated.

The inability of the Board to obtain the full and accurate knowledge indispensable to a compliance with the command of the General Assembly, to digest a plan for common schools “suited to the condition and resources of the State” will constitute the most appropriate apology for the partial and defective statements which will be offered in regard to them.

North Carolina extends over an area of 50,000 square miles, 32,000,000 acres. In 1830 her population consisted of 472,843 whites, 19,543 free persons of color and 245,601 slaves. The average aggregate population to the square mile was about 14.7 and of white population 9.4. The aggregate population in 1840 will probably be about 850,000, or 17 to the square mile, and the white population 550,000, or 11 to the square mile. The number of white children between the ages of five and fifteen years was, in 1830, 129,583, in 1840 the number will be about 150,000 or 3 to the square mile.

Accurate information with respect to the proportion of our citizens who have received the benefits of a common school education, from their own resources, would shed great light upon our inquiries. The data at our command is vague and uncertain. The Hon. W. C. Johnson, of Maryland, in the course of a series of observations on the subject of Common Schools, made in the House of Representatives of the United States in February last, remarks that he had seen no report from North Carolina, on this subject, but that it is obvious that she stands greatly in need of an improved system of education, from the fact that out of one hundred and eleven voters who gave testimony in relation to the contested election in the first session of the 22d Congress, twenty-eight made their mark, in other words one-third could not write their names. It must be remembered, however, that the Congressional District referred to is on our Western frontier, and that although it certainly yields to no section of the State in the exhibition of mental and physical vigor, nevertheless, owing to its comparatively recent settlement and the sparseness of its population, the means of education are less generally diffused than elsewhere. The class of individuals, too, whose votes are most likely to be challenged are not always the most intelligent portion of the community. But after all proper allowances are made the existence of such a fact in the most populous Congressional district in the State, and the one for which it will be most difficult to provide, in any general scheme of education, is startling. In 1840 more than one-eighth of the voters of the State will be found in this regime. In the same district or country there are not more than two well regulated seminaries, where instruction is given in classical learning: and in these no means are provided for the illustration of the physical sciences. With the exception of the University, we have but one institution in the State possessed of philosophical and chemical apparatus, a third will in a short time be supplied. There are not probably a dozen Academies prepared to give instruction in the use of the maps and globes, or half this number furnished with libraries.

The average number of students on the catalogue at the University for the last twenty years is one hundred and eighteen or in the ratio of about one to every 4,000 of our white population in 1830. During the whole period, however, many of our young men, probably a third, were educated at the colleges of other States, and if so, the ratio of students at college to the white population would be as 1 to 3,000.

Such is the only information that has been obtained with respect to the condition of the State.

GENTLEMEN: The President and Directors of the Literary Fund of North Carolina, have the honor to submit the following report:

Soon after the organization of the Board on the 4th of March 1837, they proceeded in obedience to an act of the last session of the General Assembly to give to the subjects committed to their charge that consideration and attention which their importance demanded; the draining of the swamp lands, digesting a plan for common schools and the disposition and investment of the funds appropriated to these objects until they could be used advantageously and with effect.

Their first duty was to inquire and determine what lands were owned by the State. Entertaining the belief that large bodies had been entered by individuals and the grants obtained thereon were purposely withheld from registration, this enquiry could not be satisfactorily prosecuted until after the expiration of the twelve months allowed by the act of the last session for the registration of the grants and deeds under which they might be held.

It was ascertained however that the County of Hyde did contain a large body the unquestioned property of the State, believed to be fertile and susceptible of draining and on which a fair and thorough experiment might be made. To guard against failures which had justly excited the highest hopes and expectations of the public and to prevent wasteful expenditures and losses by its injudicious prosecution the Board had no hesitation in deciding that they would take no important step in relation to it without obtaining the aid and advice and supervision of a competent and skillful scientific engineer. Public advertisement was accordingly made in various newspapers of the United States and Charles B. Shaw, Esquire, who had then recently been engaged in conducting works of improvement in Virginia and who was highly recommended to the Board as an engineer, was engaged at a salary of $2500 per annum. His attention was first directed to the lands in Hyde and he was instructed to organize a corps of surveyors and assistants and commence the preparatory steps for draining.

To enable the Board to form a proper estimate of the swamp lands and to obtain information upon a matter which was wholly new to most of its members they visited early in December last the neighborhood of Mattamuskeet Lake where the lands have been reclaimed to a considerable extent and intended to extend their examination to other similar improvements in the low country; the inclemency of the weather was so great that their attention was confined exclusively to the low lands in Hyde.

The immense fertility of these lands when subjected to culture, their susceptibility of being drained and cultivated, and their great value to the State in many points of view when so improved, have been so often and so ably discussed for many years before the Assembly and the public that it would be a worthless consumption of your time to insist upon it here.

Indeed your predecessors have already decided this matter and have resolved to give it a fair experiment,—and it is presumed that all your Honorable Body wishes or expects to learn from the Board is to know what they have done. The reports of Mr. Shaw the engineer numbered 1 and 2 are with this view herewith submitted for your consideration, and these together with the journal of proceedings kept by the Board will afford the desired information.

The Board would beg leave to make one suggestion. A great misfortune attending the swamp lands, and one which has greatly contributed to their wilderness state, is that they are held in immense bodies by individuals who are unable to reclaim them and yet satisfied with their fertility and value, are unwilling to part with them at such prices as will enable farmers of limited means to purchase. If the State could repossess them, it would greatly facilitate its operations in reclaiming contiguous tracts. The consideration of this matter is deemed worthy of your attention.

Mr. Shaw having received higher inducements elsewhere has very recently resigned his appointment of engineer. However much the Board may be gratified to see an efficient and valuable officer receive the full reward of his services, they can but regret the loss of his to the State. In the Incipiency of his work the Board did not feel themselves justified in offering him a higher salary to induce him to remain. Indeed he did not intimate that such an offer would be accepted or would change his course. The work until another competent and experienced engineer can be engaged can be left under the management of his assistants of whom he speaks in high terms, and, in whose ability to discharge the duties left with them for the present, the Board have full confidence.

By a Resolution of the last General Assembly, it was made the duty of the Board to digest and report to the General Assembly a plan or system of common schools adapted to the wants and capacities of the State. This great subject so favorably esteemed by all, has been one of great anxiety and no little perplexity.

Information has been sought from various quarters, and through the politeness of the Governors of several of the States, of whom the favor was requested, many laws relative to, and systems of common schools have been received. From these and other sources of information and aid the Board have been enabled to comply with this requisition and have the honor to submit for your consideration a system or plan in the file marked A.

Thursday, Dec. 27, 1838.—Mr. Cherry, from the Committee on Education and the Literary Fund, to whom was referred the resolution instructing them to inquire into the expediency of establishing Common Schools in every county of the State, reported a bill to divide the counties into School Districts and for other purposes; which was read the first time and passed, and, on motion of Mr. Moore1

1 Matthew R. Moore, Stokes.

Mr. Spruill offered the following Resolution, to wit:

Resolved, That a message be sent to the House of Commons, proposing that the Secretary be directed to have the reports of the Chairman of the Committee on Education and the Literary Fund printed and attached to the acts passed at this session of the Legislature; and that ten copies of said report be printed for each member of the General Assembly.

Which was read and adopted.

The Committee on Education and the Literary Funds respectfully report,

That they have had under consideration the resolution instructing them to enquire into the expediency of establishing Common Schools in every county of the State, and to report some plan by which the system can be put into operation. The subject is one of great importance, and one in which a deep interest is felt, by every class of the community throughout the State.

Saturday, December 29, 1838.—A message from the Senate, proposing that the Secretary of State be directed to have the report of the Committee on Education and Literary Fund printed and appended to the acts passed at this session of the Legislature, and proposing also that said report be printed, ten copies for each member of the General Assembly. The proposition was agreed to.

Tuesday, January 1, 1839.—Received from the House of Commons a message, stating that they concur in the proposition of the Senate, that the Secretary of State be directed to have the report of the Committee on Education printed and appended to the acts of this session of the General Assembly. And also, in the proposition that the said report be printed, ten copies for each member of the General Assembly.

A Bill to divide the Counties into School Districts and for other purposes.

1st. Be it enacted by the General Assembly of the State of N. Carolina and it is hereby enacted by the authority of the same that the several Courts of Pleas and Quarter Sessions in each county of the State of N. Carolina shall at the first Court which may happen in their respective counties after the first day of May next, a majority of the Justices of said county being present, proceed to elect five discreet persons as a school committee for said county and in such election it shall be necessary for a choice that each of the persons elected shall receive a majority of the votes of all the Justices present.

2nd. Be it further enacted that said school Committee, after being thus elected, shall proceed as shortly thereafter as convenient, to divide their respective counties into School Districts for the purpose of establishing Common Schools, provided in laying off such School Districts no District shall be less than six miles square or as near that size as the nature of the country will conveniently admit.

3rd. Be it further enacted that said Committee shall make a return of their Division and the number of School Districts into which they have divided their counties to the next County Court that may be held after their appointment. And it shall be the duty of said Committee in making their return to designate as well as they may the natural boundaries and prominent objects of boundary of each of said Districts and it shall be the duty of said Court to cause such return to be recorded in the Register's office of said County.

4th. Be it further enacted that if any person who shall be thus appointed to serve on the School Committee refuse or neglect to do so, he shall forfeit and pay the sum of One Hundred Dollars to be recovered by action of debt in any court of record in the State and such penalty thus recovered to be paid over to the President and Directors of the Literary Fund and to be appropriated to the Literary Fund. And it shall be the duty of the county Attorney for the State to prosecute suit in all such cases for and in behalf of the President and Directors of the Literary Board.

5th. Be it further enacted that it shall be the duty of the sheriffs of the several counties of this State when he advertises the next August election to give notice at the same time by public advertisement in every election precinct that an election will be held to ascertain the voice of the people upon the subject of Common Schools. And all who are in favor of raising by taxation a sum sufficient to establish a common school in each School District, after receiving One Hundred Dollars, per annum from the Literary Board, will deposit their votes with the word “School” written on it. Those opposed to it will write “No School” upon their tickets. And it shall be the duty of the Poll Keepers to count the votes given at each precinct for school or no school and to return the same to the sheriff, who shall accoumpt together all the votes, and if a majority shall be found in favor of schools it shall be the duty of the sheriff to furnish a certificate of the same to the School Committee of his County and any sheriff failing to comply with the requisites of this act shall suffer all the penalties imposed by law for failing to discharge his duty in any election for members of the Assembly.

6th. Be it further enacted that in any County where a majority of the votes have been for Common Schools and a certificate of the same has been furnished by the sheriff to the School Committee, it shall be the duty of the School Committee to transmit the same with a certificate of the number of School Districts in their respective Counties to the President of the Literary Board.

Tuesday, Jan. 1, 1839.—On motion of Mr. Cherry, the bill to divide the counties into school districts and for other purposes, was made the order of the day for tomorrow at 11 o'clock.

Wednesday, January 2, 1839.—The Senate then proceeded to the order of the day, to wit: The Bill to divide the counties into school districts; which was read the second time and amended, and unanimously passed by the following vote:

Those who voted in the affirmative, were, Messrs. Allison, Albright, Arrington, Baker, Biddle, Bunting, Carson, Cherry, Cooper, Davidson, Dockery, Edwards, Etheridge, Exum, Fox, Foy of Onslow, Franklin, Harper, Hawkins, Henry, Hill, Holt, Houlder, Kerr, Melvin, Melchor, Morehead, Moore, Moody, Moye, McDiarmid, Montgomery Myers, Reid, Reding, Reinhardt, Rabun, Ribelin, Sharp, Shepard, Speed, Spruill, Taylor, Williams of Beaufort, Williams of Person, Wilson, Whitaker—47 yeas.

Thursday, Jan. 3, 1839.—On motion of Mr. Cherry, the Senate took up for consideration the bill to divide the Counties into School Districts and for other purposes; which was read the third time. Mr. Moore moved to strike out the words one hundred dollars in the 8th line of the first section, and insert the following: “An amount according to the free white population;” which was rejected. Mr. Whitaker then moved to strike out the fifth section; which was also rejected. Mr. Moore then moved to insert, after the word appointment, the following, to wit: “And such return shall state the number of free white male children in each district between the ages of 5 and 15 years, over 15 and under 20, and such females between the ages of five and twelve years of age, and the number of schools usually kept in said district, the condition, character, qualifications of teachers, the number of scholars usually attending such schools, and the branches taught thereat;” which was read and rejected. Mr. Moye moved to strike out one hundred in the fifth section, and insert fifty; which was agreed to1

1 This decreased penalty for failure to serve as committeeman.

Upon the question, Mr. Exum demanded the yeas and nays, which are as follows:

Those who voted in the affirmative were, Messrs. Allison, Albright, Arrington, Baker, Biddle, Carson, Exum, Fox, Foy (of C. and Jones,) Franklin, Harper, Hawkins, Holt, Houlder, Melvin, Melchor, Morehead, Moore, Moody, Moye, McDiarmid, Myers, Reid, Reding, Reinhardt, Rabun, Ribelin, Sharp, Williams of Beaufort, Williams of Person, Whitaker—31 yeas.

Those who voted in the negative, were, Messrs. Bunting, Cherry, Henry, Kerr, Cooper, Davidson, Dockery, Edwards, Etheridge, Foy, of Onslow, Montgomery, Shepard Speed, Spruill, Taylor, Wilson—16 nays.

The bill then passed by the following vote: Those who voted in the affirmative were, Messrs. Allison, Albright, Arrington, Baker, Biddle, Bunting, Carson, Cherry, Cooper, Davidson, Dockery, Edwards, Etheridge, Exum, Fox, Foy, of Onslow, Foy, of C. and Jones, Franklin, Harper, Hawkins, Henry, Hill, Houlder, Kerr, Melvin, Morehead, Moody, Moye, M'Diarmid, Montgomery, Reid Reding, Reinhardt, Rabun, Ribelin, Sharp, Shepard, Speed, Spruill, Taylor, Williams of Beaufort, Williams of Person, Wilson—43 yeas.

Those who voted in the negative were, Messrs. Melchor, Moore, Myers, Whitaker—4 nays.

Ordered that said bill be engrossed.

In the Senate, Thursday, Jan. 3, 1839.

A Bill to divide the Counties into School Districts and for other purposes.

I. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That it shall be the duty of the sheriffs of the several counties of this State, when they advertise the next election for members of Congress, to give notice at the same time by public advertisement, in every election precinct, that an election will be held to ascertain the voice of the people upon the subject of Common Schools—and all who are in favor of raising by taxation a sum sufficient to establish a common school in each school district after receiving one hundred dollars per annum for each district from the Literary Board, will deposit their vote with the word “School” written on it—those opposed to it, will write “no school” upon their ticket and all who vote for members of the House of Commons shall be entitled to vote. And it shall be the duty of the Poll Keepers to count the votes given at each precinct for School or no school, and to return the same to the sheriff, who shall count together all the votes, and if a majority shall be found in favor of schools, it shall be the duty of the sheriff to furnish a certificate of the same to the next County Court of his County, and any Sheriff failing to comply with the requisites of this act, shall suffer all the penalties imposed by law for failing to discharge his duty in any election for members of Assembly.

II. Be it further enacted, That the several Courts of Pleas and Quarter Sessions in each County of the State of North Carolina, shall, in such County as shall determine to accept these terms, at the first Court that may happen after such election, a majority of the Justices of such County being present, proceed to elect five discreet persons as a school committee for such County, and in such election it shall be necessary for a choice, that each of the Persons elected, shall receive a majority of the votes of all the Justices present.

III. Be it further enacted, That said School committee, after being thus elected, shall proceed as shortly thereafter as convenient, to divide their respective Counties into school districts for the purpose of establishing Common Schools: Provided, in laying off such School Districts, no district shall be less than six miles square, or as near that size as the nature of the country will conveniently admit.

IV. Be it further enacted, That said committee shall make a return of their divisions, and the number of school districts into which they have divided their counties, to the next County Court that may be held after their appointment, and it shall be the duty of said committee, in making their return, to designate as well as they may, the natural boundaries and prominent objects of the boundary of each of said Districts, and it shall be the duty of said Court to cause such return to be recorded in the Register's office of said County.

V. Be it further enacted, That if any person who shall be thus appointed to serve on said School Committee shall refuse or neglect to do so, he shall forfeit and pay the sum of fifty Dollars, to be recovered by action of debt in any Court of record in the State, and such penalty when recovered to be paid over to the President and directors of the Literary Fund, and to be appropriated to the Literary Fund. And it shall be the duty of the County Attorney for the State, to prosecute suit in all such cases for and on behalf of the President and Directors of the Literary Board.

VI. Be it further enacted, That in any County where a majority of the votes have been for Common Schools, and a certificate of the same has been furnished by the sheriff to the school committee, it shall be the duty of the school committee to transmit the same, with a certificate of the number of school districts in their respective Counties to the President of the Literary Board.

VII. And be it further enacted, That if any of the Counties in this State shall adopt the plan, and the same shall be so certified by the school committee to the President of the Literary Board, it shall be the duty of the President and Directors of said Board to make report of the same to the next General Assembly, and to submit some plan for carrying the whole into execution, so far as it may be adopted, and for Schools to educate Teachers for the same.

Tuesday, January 1, 1839.—Mr. Hill1

1 Frederick J. Hill, of Brunswick.

1. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the several Courts of Pleas and Quarter Sessions in each County of the State of North Carolina, shall, at the first Court which may happen in their respective Counties after the 1st day of May next a majority of the Justices of such county being present, proceed to elect five discreet persons as a School Committee for such County, and in such election it shall be necessary for a choice, that each, of the persons elected, shall receive a majority of the votes of all the Justices present.

2. Be it further enacted, That said School Committee after being thus elected, shall proceed as shortly thereafter as convenient, to divide their respective Counties into school districts for the purpose of establishing Common Schools: Provided, in laying off such school districts, no district shall be less than six miles square, or as near that size as the nature of the Country will conveniently admit.

3. Be it further enacted, That said committee shall make a return of their divisions, and the number of school districts into which they have divided their Counties, to the next County Court that may be held after their appointment, and it shall be the duty of said committee, in making their return, to designate as well as they may, the natural boundaries and prominent objects of the boundary of each of said Districts, and it shall be the duty of said Court to cause such return to be recorded in the register's office of said County.

4. Be it further enacted, That if any person who shall be thus appointed to serve on said school committee shall refuse or neglect to do so, he shall forfeit and pay the sum of one hundred dollars, to be recovered by action of debt in any Court of Record in the State, and such penalty there recovered to be paid over to the president and directors of the Literary fund, and to be appropriated to the Literary fund. And it shall be the duty of the County Attorney for the State, to prosecute suit in all such cases for and on behalf of the President and Directors of the Literary Board.

5. Be it further enacted, That it shall be the duty of the Sheriffs of the several Counties of this State, when they advertise the next August elections, to give notice at the same time by public advertisement, in every election precinct, that an election will be held to ascertain the voice of the people upon the subject of Common Schools and all who are in favor of Raising by taxation a sum sufficient to establish a common school in each school District, after receiving one hundred dollars per annum from the Literary Board, will deposit their vote with the word “School” written on it,—those opposed to it, will write “no school” upon their ticket and it shall be the duty of the poll keepers to Count the votes given at each precinct for school or no school, and to return the same to the sheriff, who shall count together all the votes, and if a majority shall be found in favour of schools, it shall be the duty of the sheriff to furnish a certificate of the same to the school committee of his County, and any sheriff failing to comply with the requisites of this act, shall suffer all the penalties imposed by law for failing to discharge his duty in any election for members of Assembly.

Thursday, Jan. 3, 1839.—Mr. Hill called up for consideration the bill for the establishment of Common Schools. Mr. Stallings moved to amend the bill by adding the following section:

Saturday, Jan. 5, 1839. The House took up for consideration the bill for the establishment of Common Schools, and resolved itself into a Committee of the Whole, Mr. J. P. Caldwell1

1 Joseph P. Caldwell, of Iredell.

The engrossed bill to divide the counties into School Districts (Senate Bill) and for other purposes, was taken up and amended by striking out the whole thereof after the enacting clause and inserting the various sections of the bill, entitled a bill for the establishment of Common Schools; when the said bill was read the second time and passed.

3 o'clock, P. M.

The bill for the establishment of Common Schools, was read the third time and passed. Ordered, That the concurrence of the Senate be asked in said amendment.

Monday, January 7, 1839.—Received from the House of Commons a message, stating that they have passed the engrosed bill to divide the counties into School Districts and for other purposes with an amendment, to wit: Strike out all the bill, except the enacting clause, and insert the substitute marked A; in which they ask the concurrence of the Senate. The substitute was then read. Mr. Moore moved to divide the question, so as to take it on the first part; which was decided in the negative, by the following vote: 7 yeas, 30 nays.

The question was then taken on the amendment proposed by the House of Commons, and decided in the negative by the following vote: 9 yeas, 28 nays.

Monday, January 7, 1839.—Received from the House of Commons a message, stating that they insist on their amendment to the engrossed bill to divide the counties into School Districts and for other purposes, and propose a Committee of Conference on the said amendment; which was agreed to. The Committee of Conference on the part of the Senate are Messrs. Cherry, Shepard, and Moore and the House of Commons was informed thereof by message.

Monday, Jan. 7, 1839.—A message from the Senate, informing that they do not concur in the amendments made by the House of Commons to the Senate's “bill to divide the counties into school districts and for other purposes.” On motion, Ordered, That the Senate be informed that the House do insist on their said amendments, and ask a Committee of Conference on the disagreement of the two Houses thereon.

A message from the Senate concurring in the proposition of this House that a Committee of Conference be appointed on the disagreement of the two Houses in the amendments to the Senate's bill to divide the counties into School Districts, and informing that Messrs. Cherry, Shepard, and Moore form said Committee on their part. Ordered, That Messrs. Boyden1

1 Nathaniel Boyden, of Surry.

Monday, January 7, 1839.—Mr. Cherry, from the Committee of Conference upon the subject of Common Schools reported a bill which was read and concurred in, by the following vote: Those who voted in the affirmative, were Messrs. Allison, Albright, Baker, Biddle, Cherry, Cooper Davidson, Dockery, Edwards, Etheridge, Exum, Melchor Moore, Moye, McDiarmid, Montgomery, Reid, Reding, Rabun, Ribelin, Sharp, Shepard, Fox, Franklin, Harper, Hawkins, Houlder, Kerr, Speed, Taylor, Williams of Beaufort, Williams of Person, Wilson—33 yeas.

Those who voted in the negative were, Messrs. Holt, Spruill, Whitaker—3 nays.

Monday, Jan. 7, 1839.—A message from the Senate, informing that they concur in the amendments proposed by the Committee of Conference to the engrossed bill to divide the counties into School Districts and for other purposes. Ordered, That the Senate be informed that this House do likewise concur in the report of the Committee of Conference. Ordered, That said bill be enrolled.

Monday, January 7, 1839.—Received from the House of Commons a message, stating that they concur in the report of the Committee of Conference, on the bill to establish Common Schools.

Thursday, January 3, 1839.—On motion of Mr. Cherry, the bill to divide the counties into school districts, and for other purposes, was read the third time; and, after ineffectual attempts to amend by Messrs. Moore and Whitaker, it was amended, on motion of Mr. Moye, passed and ordered to be engrossed.

Saturday, Jan. 5, 1839.—The greater part of the sitting was spent in discussing the School bill from the Senate which was finally stricken out in toto, and a bill heretofore introduced by Dr. Hill was inserted as a substitute, which was variously amended by the motions of Messrs. Graham and Boyden, and finally passed by an overwhelming majority.

A bill is also before the Senate presented by Mr. Cherry, for the establishment of free schools. It provides that the vote shall be taken in each county, “school” or “no school”; and every county voting for schools shall be laid off into school districts, 6 miles square, in which free schools shall be established, and supported by an appropriation of $100 to each district from the Literary Fund, and a tax upon the county for the balance.

The Raleigh Star on COMMON SCHOOLS.—When we enlarge our paper, it is our design to devote a department of it to the publication of such information, and sentiment, and practice, with regard to Common Schools, as will we hope, prove both acceptable and useful to, the people of North Carolina. The plan devised by the recent Legislature of dividing the counties into School Districts, will be ratified or rejected in August ensuing; and though there can be no doubt with regard to a proper decision, we yet hope the friends of Education will so diffuse information on the proposed system, prior to that period, as to place the contingency of its rejection beyond probability.

At this age of the world, and under our free form of government it would seem unnecessary to advocate the cause of Education. Its value is apparent to all; but, we regret to say, its diffusion in the Southern country has not hitherto been commensurate with the responsible duties which devolved upon the past generation, and which now bear with such peculiar magnitude upon ourselves. Our most enlightened statesmen have long viewed this defect or rather, lack of Education among the people, with regret; and that feeling of regret has been more pungent when they have contrasted with ourselves those of our northern sisters who have been, and who are still making honorable and giant strides in the great cause of popular learning. They have witnessed with patriotic pride the success of the school systems of Connecticut, Massachusetts, New York and Pennsylvania; they have seen Education stimulating improvement of territory and performing wonders in the departments of arts and sciences; they have seen the millions who now live in those States qualified on their entrance into manhood to assume at once the high prerogatives of self-government; they have pondered the subject in all its bearings, and a system has at length been originated in North Carolina which, if sanctioned by the people, is destined to become the fountain of pure manners, pure morals, and pure politics.

To parents the claims of this system are addressed with peculiar force. They have here, no matter what may be their poverty, a system which offers to them, in addition to the free education of their offspring, the highest gratification which a patriotic feeling parent can desire—that of seeing their children endowed with sound learning, established in good morals, and qualified for the responsible duties of popular government. To those poor youth of our State who are aiming at honor and eminence, the appeal to embrace the advantages of this system comes with two-fold power. Their ignorance is not to them a reproach—nor will they acquire learning under this system as pensioners upon the public bounty. That which is general is the just right of all, whether it benefit the rich or the poor. As inducements to embrace this system they should remember with pride that our government offers its highest honors and inducements to all; that Nature gives talent with indiscriminate profusion—and that, whatever may be their personal supineness or activity, the great drama in which they are called to act imperiously commands them to accept, as it freely offers to them the means of becoming good citizens and ardent and intelligent advocates of Constitutional Liberty.

To the good citizens—to all—this system recommends itself as worthy of trial—of confidence. Support it, if you would strengthen the pillars of Representative Government! Abandon it, if you would quench that Promethean fire which returned the light of freedom in the western world!

EDUCATION IN NORTH CAROLINA.—This State, always among the first in wealth, population, and character in the Union of the “old Thirteen,” and now among the first in grand enterprises to develop her resources, moral, intellectual, and physical, has wisely adopted in recent legislative enactment, the New York District System, for Common School Education.—Copied from New York Star.

RUTHERFORDTON GAZETTE'S ARGUMENTS. We are glad to see that the subject of “Common Schools,” is exciting so much interest throughout the State. It is certainly a subject of deep interest to every citizen of the State, and more especially, to that honest portion of our people, whose humble circumstances in life, withhold from them the blessings of Education. The plan proposed, is such that it must eventually succeed, and great benefit accrue from it, if the people can be induced to make the experiment. We trust that the friends of Education, in every section of our State, will exert themselves in diffusing information among the people on this subject, previous to the elections in August, when the question will be submitted; let them see and correctly understand the principles upon which these schools are to be established, and there will not be a dissenting voice among those who properly appreciate the value of Education. It is a lamentable fact, that our State has been too lukewarm upon the subject of Popular Education. It is the basis of all free Governments, and if we wish to preserve pure and inviolate our free Institutions, the minds of the people must be enlightened: Our talented Statemen have long endeavored to impress these truths upon the minds of the people. They have foreseen the evils which must result if the mass of the people are suffered to remain in a state of savage ignorance. In the North, the system of Public Schools has been adopted, and their people are now prospering under its benign influence. With this example before us, why should we of the South continue longer idle in a cause the importance of which none will question? To all Parents this subject addresses itself with peculiar force: An opportunity is here offered to all, for qualifying their children to discharge the duties of good and useful citizens; it is not confined to the rich or poor; all are invited to partake of its blessings; to the poor talented youth especially, who might otherwise be bred up in ignorance and vice, it is made a stepping stone to honor and preferment. Ours is a Government of the People; merit constitutes the passport to honor and office; the road to promotion is open to all who desire it. In conclusion we would remark, that it is incumbent upon all who feel an interest in the welfare of our common country, to impress this matter upon the minds of the people; the tax money to be paid is indeed trifling, compared to the benefits to be derived from the completion of the work.—Copied from Rutherfordton Gazette.

NEWBERN SPECTATOR ON SCHOOLS.—We republish today, the Act of Assembly on this important subject to which we solicit the attention of every friend of education every good and patriotic citizen. We have learned, not with surprise, but with real sorrow, that many of the worst specimens of the Administration party are actually decrying this first attempt of the State to educate the rising generation, and using every heartless and wicked argument to make it unpopular with those thoughtless creatures whom they can influence! This they do, merely because the bill was passed by a Whig Legislature, and because they know that it would have been passed, and in effectual operation years ago, had the Whigs of the State had the ascendancy. We have not had the mortification of hearing any man declare his open hostility to this salutary and excellent measure, for we avoid, as far as possible, the society of men so depraved as to desire to keep the minds of the youth of the State in utter darkness; but we know from good authority that we have among us persons (men they can not be) who have so slight a regard for personal respectability and for the general good, as to electioneer against the establishment of Common Schools! If the hosts of ignorance prevail in crushing this incipient and laudable attempt, the triumph will be but momentary; for a spirit is around the State, aye, even within it, which will ere long burst the mental bonds that unreflecting and heartless partisans have so long imposed on our people. In this fact is our hope, and we will not be disappointed. Their proper classes of North Carolina will not much longer consent to be cheated by such men, of all that makes life desirable.—Newbern Spectator.

THE SHERIFF OF STOKES COUNTY ON THE SCHOOL LAW. The “Greensboro Patriot” confirms the rumor, that some of the leading adherents of the Administration party, in Stokes County, are endeavoring to pervert the School Act into their service in the Congressional Canvass. The Sheriff of Stokes, in advertising the School Election, agreeably to the requisition of the law, avails himself of the occasion, to express his opinions in its favor. The reader will perceive that his remarks are interpersed with a choice selection from the democratic vocabulary of “them parts.”

“This is simply an Act of the Legislature, granting you the privilege of expressing your own opinions upon the subject, with the sanction of the legislative authority. And I, as one of the people, to say the least of it, or call it by the mildest name that I can think of, should pronounce it ‘rusticatical’ and ‘diranical’ in the Legislature or any member thereof, to say that I should not express my opinion upon the subject. But I am aware that there are certain individuals in the community who are endeavoring to excite alarm among you, and ‘bugology you’, and frighten you from voting for the school system, by telling you if you do, you will smell a polecat—that it is intended to tax the poor for the benefit of the rich—that you will be taxed higher than all creation can pay, and finally in a few years, you will be “distinguished” like Jackson ‘distinguished’ the national debt. As a matter of curiosity, I should like to see the man ‘extinguish’ himself by stepping forward and telling us in plain English language, had he been a member of the Legislature, would he have voted against the people expressing their opinion upon the subject. If there be a man among us so ‘rusticatical’ and ‘diranical,’ I should like to know who he is. This I call high toned black cockade federal doctrine, and he who entertains such doctrine, is embarked in the same bottom with the elder John Adams, when he said, ‘the people were the worst enemies to themselves.’ The same sentiment is to be found in John Q. Adams' message to Congress when he said the action of the Representative should not be palsied by the will of his constituents. And the same sentiment may be found in President Van Buren's message to Congress, when he recommended Congress to go behind the ballot boxes and inquire what influenced the people of the State of New York in giving their votes, when they went so strong against his administration—especially his Sub Treasury Scheme. It is at once distrusting and saying, in a round-about way, that the people are incapable of self-government.

“Fie, fie, gentlemen! if you really believe it is wrong to educate the poor, or that the people are incapable of self-government—or in other words, in the language of old John Adams,—that ‘the people are the worst enemies to themselves,’—throw off your ‘consumed’ mask and shield of ‘democratic republicanism,’ and come out with the black cockade on, in plain English language, in order that you may ‘extinguish’ yourselves.

“If you should say, by your votes that you do not want a system of Common Schools established as proposed by the Legislature, there will be an end of the matter. The State can and will appropriate its funds to other purposes.

“For once in the course of legislation, the poor have got the advantage of the rich, if they will hold on to it. Many of the most wealthy men in this country, have no children to educate, they will have taxes to pay to help to educate the poor.”

TWO MEMBERS OF LEGISLATURE ON THE SCHOOL LAW. To the Freemen of Davidson County.—Fellow Citizens:—At the close of the last Session of the Legislature, we resorted to the usual mode of giving you an outline of the proceedings of that body: of the laws the Legislature made obligatory upon you, by distributing a large number of Captions through the county, but learning with regret the act in relation to Common Schools is misconstrued and misrepresented, and being solicited by many of our constituents who feel a deep and lively interest in the subject, to give an exposition of the Act, and its operation upon the people collectively and individually, if ratified by them at the next August Election, we have most cheerfully consented to do so, and hope to make it so plain that he “who runs may read.”

For a fair elucidation of the policy of the Common School system now contemplated, and its origin, it will be necessary to advert to the earliest history of our Government.

DISCUSSION ON SCHOOLS AT GREENSBORO. At the Public Dinner at Greensboro, in this State, on the 4th July, the President, John M. Morehead, Esq. being called upon for a toast, arose and said that the toast which he was about to give had been suggested to him by the fifth regular toast, which was “Common Schools.” He said we were all aware, that by a late law of our State, Common Schools might be established in every neighborhood, whereby education would be brought within the reach of every farmer's boy as well as to the rich; and thus the youth of our State would be put much more upon an equality. It was an old saying and a true one, that “there is no royal road to learning”; that each one's advancement and success must depend upon his own exertions to cultivate the talents with which Providence had blessed him; and it was a great blessing to any community that the means of that cultivation should be brought within the reach of every child in the State. He said observation founded upon experience, had established the fact, that, as a general rule, vigorous intellects were most usually associated with vigorous constitutions; that the hardy and healthful pursuits of the farmer's boy were well adapted to render both his body and mind powerful and vigorous; and if the means of cultivating the latter were afforded him, we might often expect to find him occupying the highest walks of science and literature, discharging the duties of a citizen with honor to himself and usefulness to his country. Who, exclaimed Mr. Morehead, enthusiastically, do we find filling the legislative halls of our country? They are the Farmer's Boys. Who occupy the judicial benches with so much honor to themselves and usefulness to the country, meting out equal justice to all men? They are the Farmer's Boys. Who fill the high and responsible offices of our different governments, and discharge their duties faithfully? They are Farmer's Boys. Who, exclaimed Mr. M. turning to Mr. Gorrell, is the Orator of the Day, whose cheering eloquence and burning sentiments have thrilled our bosoms with patriotic feeling and swelled them with the enthusiastic love of liberty? He, too, is our Farmer's Boy. Then gentlemen, said he, permit me to give you—

The Farmer's Boys of North Carolina—

But give them light, and they will be found equal to every station.

OBJECTIONS TO SCHOOL LAW BY RUSTICUS. Does the School bill passed by the last Legislature carry upon its face demonstration of its practicability? To my mind there are no less than four fatal objections. 1st, inadequacy of the Teacher's salary. 2d, shortness of the School term. 3d, the Districts are too large. 4th, want of Teachers. After the people at their own expense, shall have built a school house large enough for fifty scholars, and raised by means of taxes twenty dollars, the State will add forty more. Sixty dollars then is the salary of the Teacher. Is it enough? No, it will scarcely pay the board of a Teacher. But say the friends of the present plan it will pay a Teacher three months. So it may, but will it not be very difficult to procure a Teacher for that length of time? All men of steady occupation, Farmers, Merchants, and Mechanics, know their interest too well to be induced for the sum of sixty dollars to neglect their business for three months. But for argument's sake let us admit that a Teacher could be employed. Would such a school answer the wants of the people? Would the people be satisfied to send their children to school only three months in the year and permit them to spend in idleness the remaining nine? Do they act thus now? No, for every man knows that his children would forget in the nine months vacation, the greater part they had learned in the three months session. Having disposed of the two first objections, we will take up the third, viz: that districts of six miles square are too large. This is shown by calculation. Those living in the corners will be more than four miles distant from the centre, and those living on the sides three. But the last and most fatal objection, is the impossibility to obtain a sufficient number of teachers. There are 48,000 square miles in North Carolina, which, divided into districts of six miles square, will make 1333 1-3 districts. We must have then 1333 Teachers. As we have not this number among us, the question is, where shall we obtain them? Not from the North, for we might obtain men who have too great a sympathy for our blacks, and would make it as much their duty to instruct them as they did our children. Not from Europe, for we shall obtain men, whose manners, habits and mode of thinking are purely monarchical, and who are in no wise fitted to rear up the sons of liberty. Since we have not a sufficient number of Teachers and it is not wise to obtain them from the North or Europe, the only places where they can be obtained, is it not manifest that the present School plan is impracticable? Will then the people of North Carolina adopt the system? Will they suffer themselves to be taxed, incur the expense of building school houses and raise within themselves sanguine hopes and high expectations, that they may have the glorious delight of seeing their money misspent, their hopes blasted—and expectations disappointed? Surely not.—Let the people reject the present plan and tell their Representatives to propose one that is practicable. Let them first establish a School to educate Teachers, and when we shall have a sufficient number of them, we can, with some less probability of failure, adopt the plan now proposed.

POLITICS AND THE SCHOOL LAW IN WAKE. The Act of Assembly which provides for submitting the question to the people in each county, at the ensuing Election, whether they are willing to be taxed to the amount of $20 for each School District, is, we are sorry to learn, vehemently opposed by certain prominent Administration men, simply because it was the work of a Whig Legislature. It was made no party question in the Legislature, for it is a fact no less remarkable than honorable, that so unanimously was the House in favor of the bill that it passed without calling for the Ayes and Noes; and in the Senate out of 50 votes, there were only three dissentients. We are glad to see by the subjoined toast, drank on the recent anniversary of American Independence in Orange County, that so decided a friend of the Administration as Gen. Trolinger is using his influence in favor of the law:

By Gen. Trolinger—Education—May North Carolina continue her efforts to adopt Common Schools, until all her sons and daughters have the advantages of Education.

It is also, a source of gratification to us, that the School Bill received so heavy a majority in this County. The prominent leaders of the Van Buren party were very active in electioneering against it, particularly the members from the County in our last Legislature, with the exception of Major Rand, who, we are pleased to state, exerted his influence in its favor.

THE VOTE ON THE SCHOOL LAW.—Edgecombe, 165 for, 1075 against; Pitt, 597 for, 370 against; Beaufort, 1042 for, 50 against; Wayne, 352 for, 374 against; Franklin 683 for, 60 against.

—From Raleigh Register, Aug. 10, 1839.

Vote on School Law: Wake, 848 for, 656 against; Craven, 854 for, 129 against; Orange 1357 for, 455 against; Davidson, 452 for, 991 against; Chatham, 877 for, 402 against; Randolph, 847 for, 515 against; Halifax, 699 for, 102 against; Warren, 250 for, 290 against; Lenoir, 285 for, 188 against; Guilford, 1550 for, 422 against; Rockingham 927 for, 211 against; Pasquotank, 762 for, 2 against; Richmond, 558 for, 73 against; Robeson, 107 majority for schools; New Hanover, 469 for, 39 against; Onslow, 341 for, 92 against.

Vote on School law: Mecklenburg, 950 for, 578 against; Cabarrus, 603 for, 370 against; Rutherford, 799 for, 650 against; Lincoln, no school; Duplin, 371 for, 141 against; Brunswick, 135 for, 20 against; Bladen, 200 for 40 against; Columbus, no school; Wilkes, 851 for, 352 against; Davie, 364 for, 73 against; Buncombe, for schools; Haywood, for schools; Henderson, for schools; Macon, for schools; Cherokee, for schools; Yancey, no school; Northampton, 551 for, 171 against; Cumberland, 881 for, 246 against.

WELL DONE CHATHAM.—The promptness and zeal with which this County has adopted the measures necessary to carry the system of Common Schools into operation deserves all praise, and is worthy the imitation of every County in the State. The bill received the popular sanction on Thursday, the 8th inst., and on Tuesday, the 13th, the County Court, (a majority of the Magistrates being present) appointed the Superintendants, and passed an order to pay the surveyor, who will be indispensable in districting the County. Most of the individuals, appointed as Superintendents, were previously consulted, and consented to act. We hope this statement will exert a beneficial influence, in stimulating other counties, where the bill has been accepted, to immediate action.