Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1852-10-30
HOUSE OF COMMONS.

81 TUESDAY, OCTOBER 70, 1907.
~ communication was read from the Comptroller
Lin reply to the enquiry concerning the cost OF pub
lEshino the Governors proclamation and Free Suf-
age act stating the cost to be about 81 900. Laid
q on the table.
eE Mr. Lander of Lincoln, presented petition from
kEphram Lutz, of Catawba County, setting forth
that he had married his wife without the consent
&of her guardian while she minor, and that
her property was so withheld from her as to do
her little or good, and praying for relief. Re
~ ferred to the committee on the Judiciary.
Mr. Dortch, of Wayne, from the committee on
the judiciary, reported the bill to amend sec. l,
CHAP. Sc, of Revised Statutes, concerning patrols
Mand recommended that it do not pass and after
ksome discussion between Mr.. McDugald, who spoke
in favor of the bill, and Messrs. Dortch and W. E.
u Hill, against it, the bill rejected by vote of
Mrs to 81.
E Mr.. Avery, from the same committee reported
the bill to facilitate the decision of controversies at
law arising from contracts under seal, and recon-
amended that it do not pass.
"a Mr. Philips of Orange, said he had introduced the
&bl of series of changes he desired to make
Gin the laws. He could see good reason why an
Einstrument having flourish al the end of the name
Esigned it, dignifed with the title of seal, should
Ehave any more effect than one without the flourish.
81 If man now wished to avoid payment of note un-
der seal by showing insufficient consideration he
to the Court of Equity, where he incurred
glage expense; and if the note was for less than $50
Emo remedy was known TO the laws of North Carolina,
for the Court of Equity would not entertain any ques
s ton involving sum less than $50. He had exam
fined the laws of fifteen sixteen States, and had
found that twelve of them had the same law that
8intended by his bill, and he hoped it would pass.
q Mr.. Avery said the committee regarded the pro-
posed change very serious and radical one. The
gentleman from Orange should have brought forward
Shis whole series of changes in one view. Every
Eman knows the difference between instrument un-
gder seal and not under seal-the distinction runs
Sthrough all the departments of law, and difficules
m nd chanua nf he law
&abolish that distinction. He knew that this was
called age of progress, and that young legislators
looming here for the first time, were generally dis
5posed to make innovations upon the laws. Other!
States had abrogateG the common law throughout, but
8 that was doubtful policy. For himself he would
consent to such radical change, and hoped The bill
s would not pass.
s Mr.. Philips thought the State of North Carolina
had to regret that gentlemen learned in the
Claw should oppose reforms In it, but he was not sur
Eprised it. His amendment would blot out months,
perhaps years of study and learning their part. 81
swished some besides member of the bar had!
goPPosed his bill, as he would then have been con-
WINGED that there some reason why it should mott
pass. He meant dsrespect to any member of the
Judiciary committee but. lawyer, he could mott
4hep recoeclng that men are debarred from serving
s on jures and giving testimony when they are inter
esied and the members of the bar Were interested in!
Opposing the bill.
8 Mr.. Avery obtained the floor to reply, but gave
way to Mr.. Cherry, of BERTHE, who offered the fol
Flowing resolutions:
g ResOlUed, That have heard with deep regret of
the death of that illusous statesman, patriot andi
long life, alike by gigantic intellect, Profound
knowledge of the Constitution of his country, and;
: vast requirements in every department of humanI
knowledge, eminently devoted them all to the SER
vice of his country, advance her prosperity andl
8glory, and the welfare of her people. :,
the memory of the mighty dead, this House do now
4adjourn.
After the reading of the resolution, r. Cherry
asaid:
d crEAA-A. III offering the resolutions which.
sthe Clerk has just read trust shall be pardoned BIZ
the House in making solitary remark upon the Sub
fleet to which they refer. Far be it from me- Sir TO
attempt to pronounce eulogy upon the fe charac
ter and iustous public services of the greatest in
: tellect of the 18th century.
DANIEL WEBSTER, Mr.. Speaker, the great Amer
lean jnrst, orator. and statesman, the last of those
mighty intelecs, that noble trio of pure and insult
1 lied Patriois-CALHoUN, CLAY, and WEBsrER-ass
nose resolutions declare, Is now numbered amongst
the dead! This sad and mournful intelligence, With
the apIdIty of electric speed, is known in every
State In this widespread Republic this side of the
Rocky Mountains. With gloom, melancholy, and Z
sorrow VIII the unwelcome message be received, an
nouncing that Daniel Webster is no more. In com
mon with our sister States of the Union will the hon
lest and patriotic State of North Carolina mourn his
loss as great national calamity. As long, Sir, as
Iself-sacrIfcng devotion to this Union, The entref
Union OF this great and glorious confederacy an un
yielding determination to vindcate the honor and the
rights OF his country in all her foreign intercourse
craftsmanship, bounded onyiby the limits of Chris
tendon; and as long, Sir, that sentiment, dearAo
every American heart, the offspring Of his own Deep
seated patriotism :-"Libery and Unon,now and for
ever, one and inseparabe -soiong deeds and SEN
lmenis like these shall have abiding place in the
hearts and affections of the American people, lust sol
long will the name of DANIEL WEBSTER be held i'm
|undyIng remembrance b. his grateful countrymen.
MT. DoBBIN said 1t is with mingled emotions of
pain and pleasure that arise express my concur
renee in the resolutions just read. Pain, because id
Us painful to realize the mournfu bereavement sus-
tained by our country by this affective dspensaton
tieasure. because 1t Is pleasing task to parti-
clPate In paying just tribute to departed greatness
III has fallen to our lot, Sir, TO live in times marked
with events well calculated TO impress the heart With
Sad but instructive lessons. The record which death
hath recently written in this land of ours is trulyH
startling and gloomyS Scarce twelve month hathE
rolled around since the master mind of the great Cal
noun was torn from us and when that brilliant starr
was stricken from national armament this preat
country mourned and wept. But almost ere that tear
of grief was chased away the shafts of the grim ty
rant struck another shining mark, and Henry Clay, Is
he orator, statesman and patriot, fell and then in
deed did the heart of this great people almost
10 break with grief and mourning. And now, Mr..
speaker, Daniel Webster, the last of the three great
statesmen, is no more the profound urst, the ac
conPllshed orator, the learned man! This mighty
continent may well be clad in the drapery and hab q
INT nts OF thoughtful dependency. Struggling lib
eity throughout the world hath lost friend Creek
and Jew Christian and Turk, may well approach thel
unmanly to weep. America may claim as her own
fame oil of he Of n,