Camden gazette and mercantile advertiser. (Camden, S.C.) 1818-1822, November 30, 1820, Image 2
^outh-Carolina Legislature. ]
COLUMBIA, NOVKMBKft S6.
fcr- The LegitUatvrf of thi? Htafe met
v Heatwdaj agreeable to 4he coustilu
i iioiK mill House ^fertned n ijuonim,
and proceeded to business, when the
k :ulk)wii?g elections were made, viz,
Vfii the Setiute.
President? Hon. Item. Huger.
rf JClerk-r William J). Martin, t?sq.
"Messenger? Henry M'Gowen.
% l)oork(>e?ev~-{*ethh*m Ci*l>man.
Moser, '.J ilson, and
Black, were appointed a committee
to wail ou his Kxcellency the Gov
( enior, lo infortu him tfcat the Senate
. hail tfoimeA. ii.1 quorum, *uid were
read} to recei ve com mun icaiiou s from
him; and recei ved for answer, Uj*
the Senate should hear from himim
med lately. *
In the tbuse qf Kqpreaentatives.. ,
tipyiker? Hon. Patrick Noble.
M^y
formed a quorum and we^fm
f iecehe^iwronrnJiikytiioirt^'froBi
soon after which* ihefolhnv in;
a*. ? -Jf .y yraff^ rJP - ^2St T, ? rl?- > :
and H*u*e of ntfimsnHt
s we have for mutual
?j0f^hart|fuW^8|i4
r gwrt?an^if t<Mjs the
ipirit
ppfsr > ^ ? r ? jpyj
out- consideration,
raeasureal
pati'wi (he v liave indulged in, dating
I bv ir i ouanement. J\\ ^ f .
Before \ dismiss, this subject* I
beg leave to submit Co you whether
it would not he ad vise nolo to jiass a
law, authorising any of the judge*
# the court of general sessious aod
common pleas to call a special court j
to be held it such time as be may
appoint for the purpose of trying
prisoners charged with offences.?
The <>|>eration of ibis law u ould be,
to release tlie jnnoeenl from, impri- ]
sonment ? 4o punish speedily the
pilty, and thereby render the pui*
ishment anore impressive, ? and to
save the state a considerable and un
necessary expense.
Isms! again state to you* gentle
men, that ao Jatv exhibits a greater
disproportion of punisbnieut, tbau
tliat . w bicb rela tes to the offence of
killing a slave by a white man. JUs
inflictions are so very iu$ (liquate to the
demands <>f justice, thai the state
has sintered in its refutation ftjr hu
manity. The r ule^f ^
all cases ^ and 4t is jq bp observed,
H>ata slave being deprived qf .iils
natural rifcbt of selMefeifce against ;]
a white Irian, t the killing of him by ]
the jitter, receives from this circum- T
stance additional aggravation, and
demandto at least equal punishment.
ii, however^ \from j Considerations
arising out o! the situation ??, our,
country, such a punishment shpuld
be <leemed< inexpedient, there <iau tijM
no well-founded, objection to the an
nixing of -ptl^r X severe penalties J
the coccimisfypn of this barbarous"
deed. The extension of the benefit
of trial by jury, 4o ti?is class of per
sons, for -offences effecting ljfe W
ftmb^ is iwp^riiinsl^ called fo^ and
seems as practicable and as conform
able to the dictates of common jus
tice, ks it is in uujsbp vrtt|{'theAj^|b|*
eiples of molality and Hie feeling^ of
hjimaiuty. It would also be a sauvee. J
of j^^felicitatioB, If casesx^f this
description, could be tried by tribal
rials whose legal judgment ^Vould 1
ensure the potion of (he innocent '
and the conViqtUm of the guilty,
caunot be expected, that those who .
have not made the law 'their study,-]
cau aWiij9p^p^| agister fi?
jpf^g y6^%islatlfe?er^
Imore urgent, from the
pimmisttttK^ 'tliat tfie constitutional
court has decided, that in trialsuf
tlik nature before, magistrates ami .
free- holders there is uo appeal. ^1
I JTm Missouri qupstiou V^hfchuras 1
agitated during the last session of J
eoogrega, and may l?e revived at the j
present, Iras given Use to the expres I
pion of opinions and doctrines rt? 1
*p?ctii?g. this species of -Wi.pei?v,1
wliichle?kt toot only to diminish iiUj
value, .but nlsririo thrfeaten otir sifyty. |
We cannot for a> moment, siippojM
that congress. ?ill evfr consent to .fte.l
instrumental in disquieting the jiufi-l
iic mind, by legislating on "the ton- 1
dition of our slaves, since it cannot |
Jo so, willlout a lih'ach pf good fail h, I
& a violatiou of the w.iwtitntion; hut I
if is not to hcfconcealed, Ihstih the
discussion of that qucstibo, ptincl J
pies were advanced, which &ouhi I
put us U|fc w guaid, and tire mis- 1
chievous effects of which, we should I
?oontetatt hy the most efficient me*- 1
suras. I foriwar, however to on- 1
(er into ? detail on tins delicate sub I
|atiftfled thrift fourr own discje
lion will rea.UK suggest the proper j
ceftlse of conduct to Lc pursued. j
, In* Connection, lib* ever, with J
this subject, I ik-eM it {HOJier to in- j
i'orm yow, tbat a number of free j>er- j
,sons ??f cbldr Jmve emigrated, andl
are daiV cMigrati^g to, ami settling]
in this state, The poftcy of ottr
country fbrftidr the increase of this
r v tSSW, ? 1
umtejr cucuinetatu**; impel1}
\o\&\$ calk iur Ike ndopirtmot' the
;?trODge*t meatKire* to prevent it; it
ratiy be deemed * (\My to oppotfe, af
il* threshold, kVWj'tilni# likely*
o* cobfiAtjumcea, tu ditduvli Ant* do.
mesttic tiiwquMiij . ^ The restriction*
:n 1'iimiknpliuli misfit be di*j>e?i*R?<)
/uli, if pet*onp 't- fount :ip*tcd should
I/C oho^eu to (frpttri (lie Male viihin
a limited lime, and not be allowed
to return to it^ jdlerwtrd^ without
yoat authority on |?i*i of seizure. ? '
Bvt lest suck a condition annexed to
emancipation should be dtSemed void,
owners of skves inight be allowed
to felea.se all rigM E tbetf services,
provided Ui^y* remove out of the
state, within a certain time, and (tie
release to be in Tcjrce only during
their absence from the state ; and a
slave to whom U may be givep, to I*
seized as a slave, oo Ins heitig found
within tlie state, at any t|me after
the period fixed by law for his leav
ing the same. >c. . ; T v
1 feel it a duty, again to call Vorir
attention to the act wthfc, relief of
insolvent debtors, which hasvreceived
a construction different from tlwff
wiiich prevailed in out* courts for
many yean, *ti0rT)y ^ bich, najpy
unfortunate debtors, willing to sur
render Mm, all tlieir property to
kheic. creditors, must, notwitiistand.
ing, remain in , Goufinement at least
tjiree mouths; a period more than
sufficient to give notice of their, in
tention to take tlie benefit of lite acC
Whilst *He late construction is at
tended with consequei ices d stressful
the unfortunate delitorj it induces
hot the least advantage to the?^cie<K
, tor, but "adds additional expense M
the Loss M must sustain; It is them
fore confitft&tly' hoped, th&tihe-rijp>r:
which has been iuifoduced into the
Hw on this point, Tllil be fqund to
I# inconsistent with its object, and.
that ydU Wisy ifi your wisdom see
propriety and necesshy of^oiflcn
ing it. : I
w cr pan there l)e any re*s6nabIrL
oty&tiofi to cm extension of H>? < tit*
tiftfii* nc(
\ i? Mi resj
ouslyiro a _ ___
at vendue, might obtain payfltent'ofj
tte proceeds -out of funds arising!
from theftuie of .other*
Mjased by tj)e veridu?H _
dividual on credit, and sold aftfcr
w^4*astoii^n. 4
?V..A* Oo b^aeflt can result tui thecrfe-1
ditor by the confinement of the body
*-? -not
Jbe taken under
execution or fetd to bait on mesntf
process, be shall be discharged by
the Sheriff** bkglV.ng good securi
ty ? to th6 amount of the debt for
.which be-is taken M arrested, "that
t toe jjwllfe givet tUi notice' required''
act, M appear at th?J time and
place appointed tt> take the benefit of
jte on tliti terms prescribed l>y law. v>
ir* Vitftt militia 'liiuiaottta itlaimn A#
via m i uia |7IV>lVI?f|VM UJ IU r
I. The militia presents Claims 6f ,
fbi gh' concefriWertt, to be passed
pfo|?eriilioing the' fortune of
nations, o<lr - country 'may Kg.
involved (a hostilities. ft ought al
fw'nVs tobe remembeffed, that on mul
& ftuyilftMM
k.'depamls in M ittttsiderable
on tbe' exertions of the great
of the people. ccntse
be b leb
??J ligJiest un|M?r(ancc
phey atmnldbr ?? trained and
(lira tii zed,
tall tfcat m _
lijiawwy^A ? WBL_ ? _
of the United^ 8tan%$sungress b?Ve
rer to profidei Air organizing and*
iptining tbe militia* and M ttist
au ACt on the <l2lh day
:thig ".that tde
aud field exer
shftflllie ordered
2 regular army
nf the linked Btates, in (he different'
ein |iH of infantry, artillery and rifle
[tneu* aliatl'alao he observed by the
fa <Ul '271* ? J < . -> *?->
militia* lo the exefCiae ami discip
line 4?f the saiflroipV rftfyfertivcljr,
tlirwigHwut tHe United Htalta}" Hi*
am*. "? j&ftSp
nol bry"!*' . A(ics
Tor tlie use of the officers of the artil
lery aim} ^ rifle c orcs, as ate or may
be directed to Li> observed in coufor
tnlty with the said act; uud to have
I he same number of office rs to* each
company of artitlerv, and adopt the
same rules in regard Co the promotion
of officers, as prevail in (he army of
Ihe^Jnited 8tate% in order, to pro
dure uniformity, aud advance (he
?;ejier^l discipline, when (he militia
shall jjbe employed m the service of
thy Union. It is also re^omaueucjod
tfiat a small ?al?ty b^ allowed (o (Ue
deputy adjutant and iu?pector gener
als, so as io suable i\ievn to attend
to (|H5 training and/ disciplining > of
the regiments in (heir respective di
visions, at leant twice a year. jSiuch
a measure ^oo Id not fail to he h^gh-"j
hr advantageous.
The patrol duty which is ?o inti
mate lv Conner ted with the good or
der and ; police of the state,, is still,
so 'greatly neglected in several of oup
parishes a* J distrtatsMliat serious
uk ouvvnievfcj* hfcvfc J>cen felt,
cannot failKo continue, unless addi
tional amendments ttre inade to the
existing laws onthif subject, ?s .the
performance of, tjii' 4tij^y if i^ioses
cannot he enforced. c
l it avail myself also 'of the ?cjjjr
Mon Ho remark on the propriety of
Ikempting clergymen ftonj the, p&
rormyiice of this duty, for the dis
charge of which their habits disquali
fy them, a*d
places them
A w ? ^ - r^f wrjr* { ? ? j wwm\.
calculated to lessen the: reverence
which should be eatutriained for their
Kacred -diaracter. *4*38
? r-'-c. v-r>
?I ? - Lmmto>
while a subsequent act requiring the.,
cAOi<b|)iucttt of the artillery Mi4f w.
valry was allowed to remain in force, '
The latter act must, have escaped at
tention^ as (he reasons which , apply
in fnvorof arepeul in the oae case*
# be egtiaUy applicable n
the -other. 'V4H
P An amendujent yjjk the system iti
cases of appeals from flues imposed
on officers by division, brigade and
regimeirtal ceurt-martial, is'absolute
' ? J-~- In iuch cases no pro-'
?;Jawj for prt
a. - L.' *2 ? ?'
m extends wdy to
?.?eftii; marked (A.) gives a full
correct account of ?
SSBi-ilr'n
*
tea lomurti, or, renew lUeirobliaja
armj, Re delivered oat of the differ,
eijrt arstinals have beenltjsLio some
instances' through neglect, and in
others, in -(he servioe of ihe fc'
Su(?l[ ns bttve not W ??^?Hr
induce the wJoptioafiuf some mea-. |
[sure, to guard against The recurrence
o$ ^$?1 jfcwr* im future^ The
ClIIIUV Clljjwlll'ftWj'WUnl ^
for the arfris so <JcHvfcred already;
hint, Wherever It may
tie 'tnnde satisfactorily flg appear (!iit
they have teen lostjn tfus service of
the state, or under any peculiar cir
riini?tttiici% |o make altowanc^/or
thesaiue.' HbouM -the le^iilii^ure
deem it adviseahle to pursue this
coiitfee, or to carry on tlie suite for
\hp recovery of the armp it Would be
btit fcn a*t of justice (lie quarter
master general, to altoW him a rea
sonable competition for tfte jieriod
he toiay tief &toallv engaged hi *ucb
service, ? </ '
It is proper alia, to call yonr at
tention to thf fuinooa state of many
uTtbe wt tn# and munition* of war
tbat nre decaying in our arsenals,
and tin! Jn?piiictiyibiUty of keeping
th?Miv in good older, wittwut constant
tt(euiMi) behtg demoted to *tbei?. ?
Hie ? tWtfj 4b flrtofo
moled by (lie nppoiulineut of a suit
j able |*erson le act as armourer; *\hose
duty it should lie to examine the arms
'(in the v different ? arsenals," lo, Keep
Ibem always in repair, and to report
upon the quality of those which may
i in futifte be proposed to be purchased
kfor, ilie state; and who should l>e
! obliged to reside in Charleston, and
toieive ??>od and sufficient security
for tlie faithful discharge of this du
-ties of, his office* ^
Public tfcovds en of great im
portance, and Should be t?ecured-froru
destruction bjy. fire.' JLt is therefore,
^agkin submitted to yonr cotisidera
ti^Uy whether it tVouiil not he itdvi-'
jseabte to erect tJftr fire-proof build
in^*, Dntj at this police and the other
at Clurlestot); in which all records
way be safety defM^sfad* The oS^
ces tif the comptroller, treasurer,
tax collector, ordinary, and seciveta.
ry or state, if\ Charleston, *fe 110W
kept ovef.the guard house,? Acci
dent, therefore, might pvpduce 4iie
destruction not only of the building
and aH the public records, hut like
?? Vf lh**f ^,ich. P"vate *
vidua Is iare tjtejfly ^interested. >* I
cannot too W^tl,jpre<?j tlds >fc|i- >
J?ct on the consideration of . the legis
lature. Uhder mi act, of' (he ^gisW
law; the use'of a room in Ihiycwrt '
house in iOharlqfeton}
Jhe L' nitetl Biales; aid as it flr*uo\v <
; wanted for ib, use if the offifersof
the state* /* *cpenl uf Un^act cannot
he con side red asiudicttting an indis.
position to acromtaudete Uio gener
al government, j?or will if life atten-? -
ded with any Incoiryet^nce if it ha
madeio taJuitflect sixoj- eight ihonths ,
Blende , ; ' '
At the tofeMMro 1 felt itmy <'u
*k to communicate, Uiat there existed
?^e constitution of
tiUvatan.
l^eguda-;
senate or Ihe speaker of the house
gsftagaBgfcg
it nw now Jje considered worthy of
disfavor ttsfcsa^ to MkiM.jat an*
^ (.J. -r ? Kkk'1^1 !* '?/'& */
L. _
S^5 offiufctWlU
X of them, to^S hi Tm I
ire
|HM
&S3SfS5g
e, whenever they have occarrfyL
8??
evejr, should he made, in order to
if for thefuitfrs^ any contrarie
-
itder'an act passed at'flp^iiP
sion, certain public officers appoint-*!
ed for a particular term are authori
sed to bold 'iheir offices, even after
its expiration, uqQV sutcossors^lmlll
be elected : as (doubts, however, are
entertained as to the liability or tlie
scarifies of such officers, after the
period for which their bonds have
been taken, and as there is no autho
rity by raw to conqiel further securi
ty to be given in* such cases, the
propriety ofy amending the law is
AjtWOutllJL' . ' '*??? V
L6t?T u
_t is also submitted 0MWjon
sideratiou, whether some provision
ought not to be made liy law. (apart
examination of tlie bonds given by
public officers in general; And wh<
ther it would not be adviafeaMe to
make It the duty of some perato, to
Review such Iwnds at stated periods,
and to cause tliem to be renewed,
when discovered " to be informal, or
when the securities become insolvent,
to require others to be giveu.
Tlie claim of this- .stele for ari??
and munitions of war, furnished the
Unit <-d States, and .advances made,
of pay gWftl