aggregate, in hand, of 17,029 24 1-2-a small balance of the agricultural fund being added to it.

January, 1830.-The Legislature adjourned sine die, on the 8th inst. after a session of 54 days. Among the acts passed was one respecting the crime of Bigamy. It alters the punishment from death, to imprisonment, branding and whipping.

The Legislature of this State at the session of 1829-30, also authorized the Superior and County Courts to declare bastard children legitimate upon the petition of the putative father, but the effect of the legislation is only to enable the child to inherit the real estate whereof the father may die seised, and to entitle him to a child's share of the personal estate, and to impose upon the father all the obligations of a parent towards his lawful children.

It also by resolution, requested the attention of Congress to the offence of attempting to sell a forged order or draft upon the U. S. Bank-an offence which had not been provided for in the act of incorporation.

March. On the 28th of this month, the Court House of Hartford Co. was destroyed by fire, with all the records contained in it.

June. FOSSIL DISCOVERIES. A short time since workmen employed in searching for gold, discovered three posts just at the top of the slate formation, and below the stratum of flint rocks [quartz?] which contains the gold. These posts were sunk perpendicularly in the slate, and about four feet from each other, in a triangular position. They were dug up and examined, and found to be of post oak timber, about four feet long and ten inches in diameter; the lower ends were sharpened, while the upper evidently appeared to be sawed off transversely; in the sides were mortise holes, together with the marks of an axe, too apparent to be mistaken From the position in which these posts were found, it would seem that they had formed the legs of a rude table or bench at some former period. In proof that no modern cause could have placed them where they have now been found, the ground is elevated and near the creek, and beneath any alluvial deposits of soil: yet when and by whom they were placed, must for the present remain a subject of inquiry and speculation. At many other mines sticks of timber and logs have been found, in and on the slate formation, together with a variety of articles, formed by art, such

as Indian pottery, Indian arrow points, (made of flint,) and pieces of wood in various shapes.

THE GOLD MINES.-From the slight experiments made during last summer, the prospects of a rich deposit of gold in Rowan, were apparently as good as in any part of the State; but from a lack of enterprise, and other concurring obstacles, the experimental labors were entirely suspended for a period of seven or eight months. But some new mines having been this spring discovered, and a better spirit infused into the proprietors of those opened last season, the operations at the Rowan mines have been commenced afresh with the prospect of realizing fair profits in the business.Among other new discoveries, is a vein mine, on the land of Williamson Harris, Esq. which promises to rival the rich veins in Mecklenburg.

In Davidson, Cabarrus, and Mecklenburg counties, new machinery is being erected, in addition to the varions works heretofore in operation. Horse power, it is now generally conceded, is not as effective and economical, for driving the machinery, as either steam or water power; the former mode is, consequently, rapidly giving place to the two latter. In those counties, immense quantities of the precious metals are realized, not only from the gold mills, but by means of the divers other contrivances used for separating the fine gold from the grosser substances.

Burke county appears to stand unrivalled, thus far, in North, as well as South America, for the extent and richness of her deposit mines. New discoveries are almost daily made; and it would seem as though the ariferpus strata pervaded the banks of every river, creek and branch in that whole extent of country.

Recently, Rutherford county has vied with her neighbor Burke, for distinction in her golden resources. We learn from the Spectator, that a mine lately discovered on lands of Thomas Seans, and worked by Charles Hill, yielded in one week, by the labor of four hands, $162 worth of metal. Besides, there had previously been a goodly number of mines opened in Rutherford; some of which had been pretty extensively and profitably worked.

The operations of the mines in Montgomery, Anson, and Guilford counties, are not as extensive as formerly; yet a saving business is done at all those which are worked with any degree of spirit and economy, and in many instances a

rich reward is realized for the labor bestowed.

In Haywood county, (a correspondent of the Raleigh Star, states) Gold has been discovered on the lands of Col. Robert Love, and E. Deaver, near Waynesville; and the probability is, that were suitable experiments to be made, valuable mines could be opened there.

Such being the condition of the mining business,-extensive and valuable at this time, and yet richer and more prof itable in prospective,-it is much and sincerely to be regretted, that the proposition of the Hon. Mr Carson, for the establishment, in the Gold Region, of a branch of the United States Mint, or even an Assayer's Office, should have failed of receiving the sanction of Congress. A very great inconvenience is

suffered, not only by those engaged in the mining business, but by nearly the whole community engaged in the gold region, for want of such an establishment. Crude gold is quite a common article of traffic throughout this region; and in some measure, is made the circulating medium of the country; its intrinsic value is uncertain, and there being no establishment, in which the public will repose confidence, to ascertain and affix such value, a door is necessarily opened for much speculation and perplexity among those who deal in the article. Another session of Congress will be anxiously looked to, for the accomplishment of a measure which is viewed in anticipation, as fraught with many benefits to the gold region.

November, 1829. The Legislature met on the 23d inst. at Columbia. The Message of the Governor was transmitted to the Legislature on the 24th inst.

It notices with satisfaction the change in the administration of the General Government and observes that in the ory it is the most perfect government on earth, whether it prove so in practice is to depend on a fair and honest exposition of its powers.'

'It is in vain to suppose, that a country so extensive, embracing such a variety of interests as ours, can be governed exclusively by Congress, without destroying its present free institutions. That is the best government, which interferes least with the interests and property of its citizens. If the pretension lately set up by Congress, to pass laws to bind the states in all cases whatever," or, what is the same thing, to do whatever the general welfare requires, be sustained, then, this government, instead of being one in which liberty is enjoyed and the right of property protected, is a hateful despotism. Let the consequences be what they may, those must answer for them, who present the alternative of servile submission, or constitutional resistance, to usurped powers. It might better comport with timid women and cowardly men to pay black mail to freebooters, than to arm and repel them. But an intelligent and brave people will not look to the possible consequences involved in the defence of their dearest and most invaluable rights.

On the subject of the Tariff it asserts that the Manufacturers press their claims upon the bounty of Government in a manner unparalleled in the history of legislation. The direct interest of individuals or of particular sections of country, is made the basis of a system, sapping the foundation of the honest labor and constitutional rights of other sections. It is entirely obvious that those states owning slaves, have a distinct and separate interest from such as have none."

The Governor then proceeds to mention the Protest of the last Legislature which was forwarded to Washington, and entered on the Journals of Congress.

The details of the arrangement of the State Government are stated to be not sufficiently simple and harmonious, and amendments are suggested. There is but little accountability felt now, in the fiscal affairs of this state. A great portion of the finances are in the hands of irresponsible agents whose honesty is the only public security. It is submitted whether it would not be expedient to make Columbia the seat of government, in fact, and the place of residence, of the principal Executive Officers.'

Defects are perceived to exist in the present system of imperfect responsibility, &c. in the clerks and sheriffs, and it is not an uncommon thing for suitors to lose their debts by the insolvency of those officers. Strictly speaking, the public ought to underwrite for their fidelity.

A revision of the Criminal Law of the state is recommended. The punishment for some offences is uncertain and for many too severe. Some assistance to the planting interest is next proposed. On the capital embarked in this business, few persons make, it is said, more than 4 per cent, while the legal interest in Carolina is 7 per cent. That planter who is now paying 7 per cent interest is engaged in a losing business. By reducing the rate of interest, you will save such from the ruin incident to indiscretion and procrastination.'

We have also a deep concern in adopting such legislation as will give to the mass of our population an interest in agriculture. Every planter who dis poses of his land and slaves, feels a diminished zeal in behalf of Southern institutions, and most of them invest the proceeds in the U. S. Bank Stock. To permit such to be exempt from taxation, is holding out a premium to them to abandon their own State, while it increases the burthen of taxation on the

balance. It is therefore recommended that the Stock of the Bank should be taxed.

Noticing the late Census of the State, the Governor remarks, The increase of population has been limited owing to emigration. Nothing tends to retard permanent improvement of the country more than the roving habits of our people. It is natural that the new states should desire to increase their population, and with it their political influence in the Union. Among other schemes to effect this purpose is to be ranked the gratuitous distribution of the public land to emigrants. How far it may be politic to adopt countervailing measures on this subject, you will determine. The right to set limits to emigration is an original principle in the body politic. Without insisting upon an interdict of emigration, you will consider, how far it becomes your duty to make it the in

terest of the citizen to remain on his native soil. By protecting resident freeholders from an involuntary sale of real estates, local attachments would be fostered. Whether such an interference with a relation of debtor and creditor be considered politic or not,-at all events, a revision of the law, relating to Sheriff's sales, so as to permit a defendant, or any one for him, to redeem a purchase of real estate made at Sheriff's sale within a year, with an authority in the Sheriff to put the purchaser in possession in case of a failure to redeem would be an improvement.'

'The pledge made in 1818, to appropriate one million of dollars to objects of internal improvement has been redeemed, and another million has almost been expended. The objects within the contemplation of the Legislature are nearly completed. The benefits resulting from these appropriations are now successfully developing themselves. The intercourse between Columbia and Charleston by the state road, has been much facilitated, and great improvement in the navigation of the rivers below the falls, has been realized. The Rocky Mount Canal will soon be completed, which will open a communication to one of the best bodies of land in the southern country. How far the improvement of this fine river will be extended beyond our line, will depend upon the enterprise of the citizens of North Carolina.'

The sums, heretofore invested in public works and their unfinished state in some instances, require for a season longer, the continuance of the office of Superintendent of Public Works.'

The road police is defective, but some measures have been adopted for its improvement.

The Financial Resources of the State are thus enumerated:- There was in the Treasury, on the 1st of September 1829, $131,219; this, added to the ordinary revenue of the present fiscal year, would give $466,772, exceeding the highest estimate of public expenditure $236,390. The large amount of surplus revenue, exhibited by this estimate of the resources of the state, proves her ability, in time of unparalleled depression in her great staples to sustain her credit. Whether it would be prudent to continue the ordinary taxes now imposed, with a view to an accumulation of the means, through the agency of the Bank, to meet the public debt, when it becomes due, deserves your consideration. The profits upon the funds already vested in that institution, are supposed to be entirely competent to the ultimate liquidation of the public debt. Besides this, the state has a just and constitutional claim against the United States, for more than $160,000, which we can not otherwise than believe will be speedily liquidated by the General Govern

ment.'

'The South Carolina College, [at Columbia,] is in a prosperous state, whether we regard the number or the habits of the students.' A regulation has lately been adopted, permitting students to board out of Commons, which

the Governor approves. It is supposed the whole number of students this winter will be 120.

About $37,000 are annually appropriated for Free Schools. The benefit derived from this appropriation is partial, founded on no principle, and arbitrarily dispensed by the Commissioners. If the fund could be so managed as to educate thoroughly a given number of young men, and to require them afterwards to teach a limited time, as an equivalent, the effects would be soon seen and felt.' "The Judicial System of the State, corrected by the Legislature in 1824, is deserving of much praise. Under its influence litigation is diminishing, and the manners and habits of the people are improving. Some additional amendments are suggested to prevent mistrials at Common Law, the tendency of which is to produce a litigious and quarrelsome disposition. The modern practice is, as soon as the Jury come into court and say they cannot agree, they are discharged, and the case stands over for further trial. In civil cases, the majority of the Jury ought to determine the case. The abolition of the old practice of constraining the Jury to agree, ought to be followed by such an improvement as would put an end to mis-trials.' At present, by the land law, a plaintiff has a right to two fair trials of his title: 'one verdict on the merits does not conclude the plaintiff, as it does the defendant. This right to a second action is oppressive, intolerably so, except to an insolvent or wealthy

man.'

Dec. Resolutions expressive of the sense of the Legislature against the renewal of the charter of the U. States Bank, were introduced in the State Senate, and on the 15th of Dec. passed that body, Ayes 26 and Noes 10.

A report in favor of the establishment of a national bank was then taken up and indefinitely postponed.

The next day a report was called up in the House of Representatives, concerning the relations of the state, with the general government. This report commenced with expressing the gratification of the Legislature, at the election of Gen. Jackson as President, and its confidence in the course of policy indicated in his annual message. It would have been desirable however, (it adds,)

had the authority of his great name been more decidedly with the opinion of S. C. in reference to a modification of the tariff of 1828. Nothing but a relinquishment of the principles of that law would satisfy S. C., and although not then inclined to express any fears of the disposition of Congress to make such a modification, the report recommended the Legislature to wait, until it should be satisfied by the course of Congress, that there was no redress against the oppression of an interested and combined majority, but by the conservative power residing in the state as a sovereign.' This report, which recommended delay, but disclaimed any intention of giving up the doctrine of nullification, was agreed to after an ineffectual attempt to lay it on the table. The vote on laying it on the table, stood, Ayes 42, Nays 72.

It appeared by a report of the Committee on Schools, that the number of public schools established in the state was 513, wherein 5361 scholars were educated at the annual expense of $35,310.

FINANCES. The comptroller general reported a balance in the Treasury on the 1st of October, 1828, of $118,518 Receipts between that time and 1st Oct. 1829, Disbursements,

Balance Oct. 1st, 1829,

Estimates for 1829-30.
Expenses of Executive Dept'.
Judicial,
Fiscal,
College,

Legislative,

Miscellaneous,

328,072

315,370

131,220

6,980

39,172

6,650

13,400

22,640

141,540

Among these last items, are for Free Schools, $37,000; Pensions, $14,000; Public buildings, $25,000; Jurors and Constable certificates, $16,000; and interest on old 3 per cents $6,000.

The public debt of the state, as it stood at the end ef 1829, amounted to $1,670,000; falling due $800,000 in 200,000

250,000

300,000

1840

1842

1844

1846

Sinking fund applicable to this debt amounts to $363,000.

The Committee of ways and means, estimate an annual surplus of $50,000 to be carried to the sinking fund,

November 2, 1829. The Legislature assembled at Milledgeville on the 2d inst. Thomas Stocks was elected President of the Senate, and William Y. Hensel, Secretary; and Col. Warren Jordan was chosen Speaker of the House of Representatives,and William C. Dawson, Clerk.

The Message of Gov. Forsyth was presented on the following day. Its first subject is, respecting the Cherokee lands. In compliance with a resolution to that effect, immediately after the close of the last session of the Legislature, examinations were made relative to the boundary between the Creeks and Cherokees, and a surveyor employed to mark the line. The territory described by this survey is estimated to contain 1824 square miles, or 1,667,360 acres ; the soil is represented to be fertile. A map of it was sent with the evidence to support its accuracy to the President of the United States, with a request that he would have the Indians residing upon the territory immediately removed. The answer given, in two communications through the Secretary of War, are submitted to the Legislature. In the first, we are told, "the President considers it improper for him to offer any opinion on the question of title," but earnestly desires that Georgia will forbear any course that may appear compulsory. In the second, that the President prefers to refer the matter, for the present, to a different tribunal.' General Coffee, of Alabama, has been selected to proceed at once to collect evidence on the facts, upon which the claim of the State to the occupation of the lands is founded. The Governor thus proceeds-The complaints of the Cherokees of intrusions upon their lands, have produced an order from the War Department, for the removal, after the 15th of October, of those white persons who have settled between the ancient and modern line separating the Creeks and Cherokees. This order is a decision against us until further inquiry. To what tribunal allusion is made, is not explained. We cannot object to any investigation of the facts deemed necessary to justify the removal of the Indians; but the character of the state would be compromitted by any attempt to enter into an investigation as the adversaries of the Cherokees, before any commissioner, however recom

mended by his important services and spotless integrity What is most to be regretted, is the determination of the Federal Government to enforce the law regulating trade and intercourse with the Indians. If the evidence collected by our commissioner proves that the land between the two lines is comprehended in the last Creek contract, the law of Congress does not apply to it: the Cherokees are not the rightful occupants, the question of its constitutionality being waived, cannot operate after June 1830. If not already within the exception of the 19th section of the act, in June next the Cherokees in Georgia will become so, as they will be within the ordinary jurisdiction of the state. Hope is entertained that circumstances may allow the Secretary of war to countermand the order before the time arrives for its execution, and that no occurrence will produce any excitement or collision between the General and State Governments. The application to the President of the United States to interfere, was inconsistent with our alleged right to determine all such questions without the intervention of the authority either of the Executive or Legislature of the Union; but having been made, in deference to past usage, and from a sincere desire to act in concert with the administration of the General Government, a regard for consistency, not less than a due respect for the authority to which we have appealed, compels us to wait tranquilly for the decision we have invoked.

It proceeds to say that the opinions upon which the act extending the State laws over the Indians within our territory is founded, accord with those of the present administration of the Federal Government. In the exercise of our sovereign power, limited as it is, only by the constitution of the United States, there is little danger of our again meeting with formidable obstacles from the imposing authority of the Executive of the Union. While indulging sanguine expectations that the compact of 1802 will be either fulfilled, or put in train for fulfilment before June, 1830, prudence requires that legislative provision should be made on the possibility that those expectations may be disappointed. The Indians who may continue within our jurisdiction after June