Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-11-27
lconc.utLed from lst page.

the State, residing in Macon County, for can
collation.. This order dated the Sd of April
last, embracesa list of bonds amounting in the
aggregate to the sum of Sl52,3l2 49, In con-
sideTation of which, the State became re-inves-
ted with title and possession OF the lands sur
rendered as before stated. Assault year was
to elapse between the time when the States
agent was put in possession of these lands,
and the rise of the Legislature, it was consd-
cred best for the public interest, as well as for
the persons surrendering, that they should be
restored to possession of the lands as tenants
of the State. The agent of Cherokee Lands
was, therefore, instructed to lease the several
tracts and their Improvements for twelve
months, taking care to give a preference to
the late owners, and requiring only moderate
amounts for the rent, but with a stipulation
for returning the premises in as good repair as
they were in that time This was attended to
by the agent and the bonds for rent are IN his
hands.
1t will be an important part of your present
duties, to direct further disposition of these
lands, which have again become the property
of the State They were sold in 1886 and
1893, on credit las TO the greatest part of the
purchasers being unable TO pay off their bonds
for relief Hence, the act of the last Session,
allowing a re-scission of the bargain, by a
surrender of the land and REIMBURSEMENT of all
claim to purchase money Heretofore paid on
the one side, and a cancellation of the bonds
on the other, in all cases where it should be
ascertained, that the purchaser could not dis
charge the debt himself without calling on his
sureties as provided in said act
After this experience on our part, as we'll
as that of the Federal Government, in relation
to its lands, many years ago, it does not seem
to be wise policy, 10 order another sale on
credit. Considering on the other hand, that
the purchasers at the former sales were reQui-
red to pay down in cash one-eighth part of
the prices then bid-that they have since made
payments into the Treasury of considerable a.
mounts On their bonds-that they are settled
on these lands and have associated with them
the endeaments of home, it seems hardly just
TO expose them at an auction sale, for cash.
therefore advise that, as to all the surrendered
land, some mode be adopted of affixing a fail
valuation on each tract, by persons of compe-
tence and probity, and that the surrenderers
be permitted to take them, on paying such
valuation in cash by a given day thereafter
otherwise, that the land shall be sold at pub.
lie sale.
It may not be remembered by you, that on
iy such of these lands, as were estimated al
and above twenty cents per acrein 1886, were
surveyed and brought into market. The resi-
due was directed to ''remain subject to the
disposition of future Legis azure, and shall
not be liable to be entered in the Entry Ia
kers Office, &C." Ten years have passed a
way, since the passage of that Act, and nc
further disposition has been directed of these
lands, except that, the bounty in land fo
building Iron Works, has been extended t.
that country, and two tracts of three THOUSAND
acres each have been granted under that Law
No reason is perceived for longer delay in thu
sale of these unsurveyeI lands, and it is there
fore suggested, that they be either sold at auc
ton for cash, or subjected to entry and gran
at some fixed rate per acre. The County o
Cherokee now pays land tax Of but few
dollars, there being but small quantity O
patented land, exclusive of the Iron Work
grants within it. The increase, therefore, O
the revenue, the necessity OF having freehold
ers for Jurors, and other services under tn
Government, the policy of fixing the popula
ton, and inducing. them to improve the coun
try, all unite in favor of placing those remain
ing lands in the possession of citizens, VIII
shall be proprictors in fee, at fair rate @
purchase.
Such information, in respect to the Peniten
tiary system, as it was in my power to pro
cure, was published in the Newspapers of tn
State, previous to the late election, in accol
dance with the Act on that subject, of the las
Legislature. AS the decision of the popula
vote is understood to have been against the es
adjustment of such an Institution here, it
deemed unnecessary to lay before you, tn
plans of buildings for such prisons, that hav
been obtained from other States.
The present requirement of Law, that tn
Autumn Terms of the Superior Courts iii tn
lower section of the State, shall be held at
season, when sickness generally prevails
that region, is grievance which has bee
long acknowledged, but hitherto no remed
has been provided. 1t is hoped that your pre-
ent session may number among other acts
public benefcence, change so obviously ju
and needful. Not only are the lives, healtl
and comfort of the Judges, deeply concerne
in the measure, but the suitors, witnesses, ar
jurors, being also subject to the diseases of tt
climate and season, the administration of jul
tice is impeded and delayed, for want of tn
salutary alteration.
In conjunction with this, it is commende
to your enquiry, whether all jurisdiction
Pleas in the County Courts may not be wit
Advantage dOOJlSIieu, anu tnOSe COuTlS De Pc
mitted % remain only for purposes of Proba
and County Police, with session of but
single day in each month. By SUBSTITUTE
for the present system of County and Superb
Courts, with six termsin the year, three tern
only of the Superior Court held by Judg
learned in the law, an arrangement would
introduced far less expensive to the publ
aud the parties in legal controversies viii
greater despatch and correctness would be a
tanned in the administration of the law SUI
a change would require some addition to Il
present number of Judges, to whom salari
must needs be paid, but this would be inco
Siderable compared to the payments no
made to Jurors and Justices attending TO
Courts year in the various Counties, to 81
nothing of the time spared to all concerne
and the less accumulation of costs on the losil
parties from greater expedition in the termin
ton OF causes. If all Law suits could be e
ded In one, or at most, two years from thu
commencement, instead of being, as they {
ten are, transmitted from father to son, load
with costs far exceeding the value of the orr
lnal subject OF contest, it would be a reform
the greatest importance. The small numb
OF causes on most of the dockets, makes t
present favorable period for the introduct
OF this system. which has been adopted a
highly approved after trial, in other States
the Union.
By resolution of the General Assembly
1910. all nerSopS hnldino the office &c 1t;