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

ACADEMIES.-Eleven academies were incorporated.

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

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

Every militia captain in the state is required to enrol on his muster list all Quakers, Moravians, Dunkards, Menonists, and others conscientiously scrupulous of bearing arms, residing within his district, and between the ages of eighteen and forty-five; but they shall not be compelled to muster or perform military duty except in cases of insurrection, or invasion, or to pay any tax for said exemption. They are in these cases to furnish a sub

stitute, or pay an equivalent. Every major general shall review his division once in every three years; and every brigadier general to review his brigade once in every two years. If any general officer fail to review, equip himself, or to

make an annual return of his division or brigade, the governor is required to cause the adjutant general to give such delinquent officer thirty days notice of his neglect of duty; and if such delinquent does not,

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

Twenty-two military companies were incorporated.

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

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

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

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

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

WITNESSES.-Two

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

RAIL-ROAD COMPANY.-An act was passed, incorporating the Portsmouth and Roanoke Rail-road Company.

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

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

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

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

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

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

NULLIFICATION. The following resolutions were passed in the senate, 47 to 7, and in the house, 98 to 22.

Resolved, That the general assembly of the state of North Caroli. na, doth entertain and doth unequivocally express a warm attachment to the constitution of the United States.

Resolved, That the general as.

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

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

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

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

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

Polk's motion, again laid on the table, by a vote of 73 to 22. Another resolution which had passed the senate, requesting South Carolina to postpone the execution of her ordinance, was taken up in the house of commons, and laid on the table until the 3d Monday in

November next-tantamount to rejection.

A bill to extend the jurisdiction and laws of the state over the Indian territory within her limits, was rejected on its second reading, in the house of commons, by a vote of 82 to 21.

And, it is added, that the first payment of the six per cent. stock does not become due until the year 1840.

Gov. Hayne, in his message, 1833, stated that on the 1st of October there was a favourable balance of $162,037. The surplus for the ensuing year will not fall short of $50,000. $50,000 annually are expended by the state in behalf of the South Carolina College and Free Schools.

The income of the public works of the state is very small, not exceeding $15,000 per annum, over the cost of management, although the state has incurred a debt of $2,000,000 in constructing them. In many parts of the state canals have been constructed, which do not yield sufficient to pay their current expenses; and, with the exception of the state road, and the Columbia canal, there is hardly a public work in the state, which, put up at public auction, would find a purchaser.

NULLIFICATION.-Upon the assembling of the legislature at Columbia, Nov. 26, 1832, Governor Hamilton transmitted a message to the legislature recommending mea

sures to be taken to carry the nullify. ing ordinance into effect, and also to provide means of resisting any counteractive steps taken on the part of the federal government; "you must look to," he says, "and provide for all possible contingencies. In your own limits, your own courts of judicature must not only be supreme, but you must look to the ultimate issue of any conflict of jurisdiction and power between them and the courts of the United States.

"There is one contingency in particular for which you ought to provide, and that is, in case the collectors of the customs, in any one of the ports of this state, under the instructions of the general government, should refuse to grant clearances to vessels outward bound, that no injury should accrue to Our trade, or those who may be carrying on friendly commercial intercourse with us, the governor should, under such circumstances, be authorized to grant, instantly, certificates of clearance under the seal of the state.

bitrament of our sister states, in a general convention assembled, on the disputed powers, we look with confidence for an adjustment of this painful controversy; but the final issue may be adverse to this hope." To prepare for the alternative, the governor recommended that the executive be authorized to accept of the services of 2000 volunteers for the defence of Charleston, and 10,000 additional volunteers from the rest of the states; and that appropriations be made to supply munitions of war.

The legislature accordingly proceeded, with great promptitude, to pass an act to carry into effect the ordinance to nullify the several acts of congress laying duties on the importation of foreign commodities, passed by a convention of this state, at Columbia, November 24, 1832. According to this act, if any goods or merchandise shall be seized under pretence of securing the duties imposed by any of the said acts of congress, or for the nonpayment of any such duties, or under any process, order or decree, mesne or final, or other pretext, contrary to the true intent and meaning of the said ordinance, the consignee of such goods and merchandise, or the person entitled to the possession of the same, may, upon making affidavit of such seizure, &c. proceed to recover possession thereof, with damages, by an action of replevin; or such persons may proceed in any other manner authorized by law, in cases of unlawful seizure or detention of personal property.

Before the sheriff shall deliver the goods to the plaintiff in replevin, he shall take from such plaintiff a bond with sufficient security, conditioned that he will prosecute the

suit with effect, and abide the final judgment of the court.

In case of refusal to deliver the goods, or of removal of the same in any way, so that the writ of replevin cannot be executed on the return of the sheriff to that effect, and an affidavit of the facts made before any justice of the quorum, the plaintiff in replevin may sue out a writ in the nature of a capias in withernam, requiring the sheriff to distrain the personal estate of the person so refusing, &c. to the amount of double the value of the goods, and to hold the same until such goods are produced and delivered to the sheriff; but this is not to be construed to deprive the sheriff of any power which he now has in the execution of the writ of replevin.

If after the delivery of such goods by the sheriff to the plaintiff in replevin, any attempt shall be made to recapture or to seize the same, or the same shall be actually recaptured or seized under pretence of securing the duties imposed, &c., the sheriff is required, on affidavit made to that effect, to prevent such recapture, &c. or to re-deliver the goods to the plaintiff, as the case may be.

If any person shall pay any of the duties imposed by the said acts of congress, he may recover back the same within one year from the time of such payment, with interest thereon, in an action for money had and received, in any court of competent jurisdiction.

If any person shall be arrested or imprisoned, by virtue of any order

or execution for the enforcement or satisfaction of any judgment or decree obtained in any federal court, for duties claimed under the acts of congress so annulled, as aforesaid, or upon any other proceedings con

trary to the true intent of the ordinance, he shall be entitled to the privileges secured by the habeas corpus act, in case of unlawful arrest or imprisonment, and may also maintain trespass for such arrest, &c.

If the property of any person shall be levied on, or sold in satisfaction of any judgment in any federal court, for duties claimed under such acts of congress, such levy and sale shall be held in the courts of this state to be illegal, and shall not divest the title of the defendant.

If any clerk, commissioner, mas. ter or register, shall furnish a record, or copy of a record, in his office, of any case wherein is drawn in question the authority of the said ordinance, or the validity of the acts of the legislature giving effect thereto, or the validity of the said acts of congress, or shall permit any such record, or copy of such record to be taken, he shall, on conviction, be punished by a fine not exceeding $1000, nor less than $100, and by imprisonment for a term not exceeding one year, nor less than one month.

If any person shall disobey or resist any process under this act, or shall secrete or remove any goods, &c., or do any other act to prevent the same from being replevied according to the provisions of this act, such person, and his abettors, shall be punished by fine, not exceeding $5000, nor less than $1000, and be imprisoned for a term not exceed ing two years, nor less than six months, and shall also be liable to indictment, &c. for any other offence involved in the commission of such misdemeanor.

If any person, after the delivery of the goods by the sheriff to the plaintiff in replevin, recapture or seize the same, or attempt so to do,

under pretence of securing the duties, &c., such person, and his abettors, shall be punished by fine, not exceeding $10,000 nor less than $3,000, and by imprisonment for not more than two years, nor less than one year, besides being liable to indictment for any other offence involved in the commission of said misdemeanor.

If any jailor shall receive and detain any person arrested by virtue of any process, &c. issued to enforce the collection of duties, he shall be imprisoned for a term not exceeding one year, nor less than one month, and fined in a sum not exceeding $1000, nor less than $100, and shall also be liable to the person aggrieved, in an action of trespass.

If any person shall let or hire, or use, or permit to be used, any place, house or building, to serve as a jail for the confinement of any person arrested by virtue of any process issued to enforce the collection of such duties, &c. he shall be imprisoned for a term not exceeding one year, nor less than one month, and fined in a sum not exceeding $1000, nor less than $100.

No indictment under this act shall be subject to traverse.

The fines collected under this act are to be paid into the public treasury.

On the trial of any action in which the ordinance or this act shall be brought into question, they may be given in evidence without being specially pleaded.

This act shall be in force from and after February 1, 1833."

This act opposed an effectual obstacle to the execution of the federal revenue laws, and through the federal courts; and in order to secure a decision favourable to their views in the state courts, the legislature