COMMITTEE ON PUBLIC INSTRUCTION. port to next As Resolved, That the speakers of the two Houses of the Committee to reGeneral Assembly appoint three persons, to digest a system sembly. of public instruction founded upon the general principles of the foregoing report, and submit the same to the consideration of the next General Assembly.' Respectfully submitted, A. D. MURPHEY, Chairman. Dec. 19, 1816: In Senate Decr. 19th 1816 Read and resolved that this House do concur therewith. -Senate Journal, 1816. JOHN BRANCH Sp. S. In House of Commons 21 Decr. 1816 Read and resolved that this House do concur therewith. JAS. IREDELL S. H. C. No record as to who was appointed on this committee. Our products go System of internal improvements necessary to free North Carolina from commercial dependence and to prevent emigration. 4. GOV. WILLIAM MILLER ON EMIGRATION. * * * Το The State of North Carolina, though not so highly favored as some of her sister states, has yet many advantages, which if properly improved, would give her that stand in the union, to which her population and extent of territory so eminently entitle her. Situated as she now is, a great part of her produce goes to swell the amount of the exports of the two adjoining States. prevent this, State pride as well as interest should prompt us to use every exertion. Let her rivers be made navigable, and if practicable her outlets to the ocean opened, and ere long, we should have her agriculture improving, her commercial towns rising to importance, the value of her land increasing, and her people, instead of seeking new countries, contented to remain at home and cultivate the soil that gave them birth. Instead, then, of only contributing to the wealth and aggrandisement of others, we should be enabled to manage our own commercial concerns, and to free ourselves from a degrading species of dependence upon the citizens of other States. -From Governor's Message, House Journal, 1816. 5. LOTTERY FOR FAYETTEVILLE ACADEMY REFUSED. A Bill to authorize the Trustees of Fayetteville to raise by way of Lottery a sum of money for the use of said school. emy authorized to raise $5,000 by lottery. Be it enacted by the General Assembly of the State of Fayetteville AcadNorth Carolina and it is hereby enacted by the authority of the same, That the Trustees of the Fayetteville Academy be and they are hereby authorized to raise by way of one or more lotteries the sum of five thousand dollars for the use and benefit of said Academy. bond. And be it further enacted, That before the Trusteees aforesaid shall proceed to use and dispose of any tickets in the Lottery hereby authorized, they shall give bond in Trustees to give the sum of Five Thousand Dollars payable to the Commissioners of the Town of Fayetteville for the fair conducting of said Lottery or Lotteries, which bond may be put in suit without assignment for the benefit of any person injured by the misconduct of said Trustees. In House of Cominons Dec. 24, 1816: Read and Indefinitely Postponed. -Unpublished Legislative Documents, 1816. Refused. 6. THE GRIFFIN FREE SCHOOL-1816-1840. GRIFFIN VS. GRAHAM AND OTHERS-FROM JOHNSTON. IN EQUITY. Moses Griffin made his will, containing the following devises and bequests: "I appoint E. G., W. G., &c., trustees of my estate, and executors of my will-I give the remainder of my estate" (after certain legacies and payment of his debts) "to my said trustees and executors, in trust, to be managed by them to the best advantage for the purpose hereinafter mentioned. I desire I desire my landed property shall not be sold, but rented out to the best advantage. I desire that my trustees and executors, out of the issues and profits of my estate, real and personal, shall purchase two acres of ground in Newbern, and as soon as the funds arising from the profits of my estate be deemed by them sufficient to make a commencement, that a brick house shall be erected on said land, suitable for a school room, and finished in a plain manner, fit for the accommodation of indigent scholars, and be called 'Griffin's Free School.' And it is my desire, that as soon as the house is finished, and the funds arising from the profits of my estate will admit, a proper schoolmaster shall be employed to teach and educate therein, as many orphan children, or the children of poor and indigent parents, who, in the judgment of my trustees are best entitle to the donation, &s the funds are equal to and it is my wish to clothe and maintain the indigent scholars as well as school them; and when they shall arive at the age of fourteen, it is my desire that my executors bind them out to suitable occupations. And to prevent misconception, my meaning is, that the amount of my estate, real and personal, be considered as a principal sum, and remain undiminished forever; and that the issues and profits only shall be appropriated to the support of the said free school. And it is my desire, that all interest arising from money, shall be put out at interest again, and be deemed principal, and continue at interest until, by my executors, it shall be decaned sufficient to put the institution in operation." The heirs at law and next of kin, filed this bill against the executors and trustees, playing to have the trusts declared void, and that the Defendants might be declared the trustees for them and for an account. Held by a majority of this Court, that the Statute of the 43d of Elizabeth, c. 4, is in force in this State, and that the Court of Equity, by virtue of it, has jurisdiction of all charities. Held also, that independent of that statute, and though the jurisdiction of charities in England belong to the Court of Chancery, not as a Court of Equity, but as administering the prerogative of the Crown, the Court of Equity of this State hath the like jurisdiction: for, upon the revolution, the political rights and duties of the King devolved upon the people in their sovereign capacity; and they, by their representatives, have placed this power in the Courts of Equity, by the acts of Assembly of 1778, c. 5, and 1782, c. 11. But if this were not so: it is further held, that as there are trustees and a trust for a definite charity, and a specific object pointed out, the Court would, as a mere matter of trust, take cognizance in this case, by virtue of its ordinary jurisdiction as a Court of Equity. Hela also, that, if the Court of Equity had no jurisdiction of charities, as such, nor of a trust relating to them, and could not, upon a bill by the trustees or others establish the charity by decree, yet, inasmuch as the estate of the trustees is good at law, and the condition or the trust is certain and not unlawful, no trust results, in this case, |