Camden gazette. (Camden, S.C.) 1816-1818, January 09, 1817, Image 2
instances is not necessary. One may be
Obuined throughout. A long cn .? nu ; alion
?sufti.tr.? When memtx.*rs of congress
were first paid six JulUr3 a day, the saiaiy
of the^-attorney general was *500 dollars a
year. This salary has since been increa
sed to three thousand dollars ; and the ex
ecutive has, at the prtsent se^ion, found it
accessary to wcomracml a sail further in-_
crease, a* essential to the public se.\?ce.
If theduties of that officer have increased,
so hare the duties of member* ot con=
gress in at least an equal proportion ; and
which of the two stations requires the
greatest sacrifice of private pursuits may
be easily discerned*
At the time of passing the late act it
was found, upon inquiry, that, from the or
ganization ot ihe government to the com
mencement of the thirteenth congress,
( 18 1 3) congress had, on an average of all
the years, been in session one hundred and
ending with the thirteenth congress (1813)
it had been in session, on average, one
hundred and. sixty-five days it) each year.
An easy computation will shew, thai, sup
posing congress, to sit hereafter as many
days within 'he year as it has usually done
heretofore, the present amount of compen
sation, iucluding travel and attendance,
will exceed the amount received for tra
vel and attendance under the former law
thirty-eight per centum* ? After the lapse
of eight and twenty years, then, congress
has. for the first time, increased the pay of
its members. It has increased it about
one third, and no more : although, within
the same period, it ha* been called upon to
raise, and has raised, the compensation of
nearly all other officers of government in
a far greater proportion.
.This enactment of othrr compensations
is not adverted to, for tbt purpose of show
ing, that Congress has been as favorable to
others as to itself, or that it has made it
aelf the latest object of its own bounty.
In neither case has it supposed itself to be
bestowing bounty, or confering favor. It
has sought only to make such provisions as
the public interest demanded. But the
circumstance is referred to, as furnishing
evidence of the necessity, of the late law,
by snowing that a similar necessity had
been found to exist in other cases; and
thai, by that law, congress had done noth
ing for its own members which executive
recommendation, and its own op.nion of
propriety, with the general concurrence of
public sentiment, had not compelled it to
do at an earlier period, and in ample mea
sure, for other officers ot government.
The state legislatures, from the same
necessity of complying with change of
circumstances, have made corresponding
changes in tkc salaries of the officers ot
theii^overnn^mts ; and it may not be in- !
applicable to fffeCynt occurrences to remark,
that the members of these FegTsIatures
have, in almost every slate, increased, in
rnany. doubled, in some, treebled, their
own pay, during the period in the which
compensation to members of congress has I
regained at its original rate. As far, also,
as?the committee can learn, this Increase
pay to members of state legislatures has,
in every instance, taken place in the same
session in which it was voted *
Objections have been made to the man
ner of compensation, introduced by the
law of the last session. It has been said
to have created salaries. If, by this, it is
intended that the law allows to every mem
ber a defined and certain sum, without any
deduction for absence or omission of duty,
it is not a correct representation,? Such de
ductions are provided for by the law, as
completely as under the former mode. It
has already beetv observed, that a differ
ence of opinion has long existed on this
point ; and it still exists. When the Uw
of 1796 was passed, there were those who
thought it advisable to change the mode
then in practice, and to adopt the example
of an annual allowance, which had been
formerly set by every respectable state. ,
There have bten, and still are, those who
are not without fear, that an augmentation
of the daily pay, if it not in fact tend, in
some cases, to the protraction of the ses
sion, might produce an evil of equal mag
nitude, hy subjecting the legislature to such
an imputation*
Nor is it at all true, that the inconveni- I
ence of attending a session of Congress is
always in proportion to its length. The
season of the year in which the session is
holden, may he as material as its duration*
The length of the Journey to the seat of
government is the same in both cases ? and
both cases require an entire breaking off
of all private engagements, and an exclu
sive devotion to public business. It may
he added, also, that while compensation
w*% competed by the day, as the sessions
would naturally be longest in times of
war, the greatest expense would fall on the
treasury when it could bear it with the least
convenience. ^Thinking, however, that
th? measure of augmenting the compen
sation was itself a necessary one, and that
the form, if not the best, was a fair sub* \
ject of experiment, the House did not 1
foibear to adupt it. from difference of opi? |
t)i?n in regard to the manner. It passed
! the law in its present form in the hope '.hat
?'iOd wou.d result from the change of
mode, aiul w ? t U the knowledge, that, if
such shou.d not be the consequeiKie, the
former mode could be easily, and, at any
Jtime, attain adapted.
( to be concluded in our next )
A SYNOPSIS
Of the Acta flawed by the Legislature of
South Carolina , at iheir Late aea^ion^
-U Attract to aHt r and ttineml an ac^ef*
titled >k an act to limit the term of service
ot" certain otliceis who have heietufore
held their offices during good behavior, and
for oiher purposes therein mentioned, pas
sed the 17ih Dec. 1 8 1 2, [Clerks of courts,
and registers* masters -and commissioners
in Kquityj who were in ofiv:e Dec. 17
1 8 1 2, and lield iheir offices curing good
behavior, shall not be afi'ected by the a
bove named act, but shall continue, to hold
. tliuii utiinei in. iiie same manner if iua?
act had uever been passed.]
4i. An act to authorise tlie president and
di i ecioi s of tne Bank of the Stale of South
Caiolina lo call to the paper medium, loan
office bonds, and Lo establish a Branch
Bank in Georgetown. [Sec. 1. President
and Directors empowered tu require the
treasurer of the lower division to call in
and demand pay ment of such part of the
bonds due to tne paper medium loan office,
as they may think proper ; (provided thai
not more than one-third annually of any
bond shall be demanded ) Treasurer to
give three months notice of the part requir
ed to be called in ; and lo sell such lands
as may be mortgaged in default of pay
men'. Sec. 2, authorises President and
Directors to e*tablishja Branch ai George
town.]
3. An act to alter the 3d section of the
10th ariicle of the constitution of S. Caro
lina, [so as to read thus ? 4i. The judge*
shall, at such times and places as shall be
prescribed by the act of the legislature,
meet and sit for the pursose of hearing and
. determining all motions which may be
made for new trials, and in arrest of jt*d^
ment, and such points of law as may be
submitted lo them."]
4. An act to relirvu the judges from the
necessity of giving separate opinions in ap*
peal cases, and to provide for the publica
tion of such opinions lor the information of
-the people, [t Ipininn* of the Appeal
Couus to be written by one of the judges,
and read at tiie time the decision is made,
and signed by all the judges who concur
therein, and then be deposited with the
cleik or register* together wi:h such a re
port of each case from the circuit judge,
who tried the same as may be necessary to
give information on the po?jU? decked.
.-The said judges to select for publicati on^
ail important opinions, and direct the same
to be transmitted every year to the ^ate
printer, who. shaft publish the same
the acts ol assembly.]
5. An act to alter the times lor holding
the Courts of Common I'leas and General
Sessions, in the Southern and south-eas
tern circuit of this state, [viz ? at Edgefield
on tiie first Monday in March and October,
ami sit two weeks as heretofore ; at New
berry on the third Monday in Marth and
October ; at Columbia for Richland dis
trict on the fourth Monday in March and
October, and sit eight days ; at Granhy for
Lexington district on Wednesday next,
after the first Monday after the fourth
Monday in Match and October, and sit
four days ; and at Orangeburg on the se
cond Monday after the fourth Monday in
March qnd October, in each ^and every
year, and sit six days. The distnc\ of
ttarnwell shall he attached to and form a
part of the southern circuit : The courts
of common pleas and general sessions,
of which said circuit shall sit at the times
and p aces following, to wit : at Barnwell
court house on the first Monday after the
fourth Monday in March and October ; at
Coosawhatchie for Heaufort district on the
second Monday after the fourth Monday in
March and October ; and at Jacksonbor
ough for t olleton district on the third
Monday after the fourth Monday In March
and October in every year ; each of which
said courts shall sit and be holden six days
and no longer ; and all writs and other
process of law, which shall have been
made returnable to the said courts, accord
ing to the laws heretofore in force, shall be
legal and valid to all intents and purposes;
and the persons bound thereby shall ^at
tend on the days prescribed by this act for
the sitting of said courts respectively.
6. An act to establish a rourt of equity
for Sumter district, and for other purpo
ses therein mentioned. (1 he district* of
Chesterfield, Mulborough and Darlington
united, shall form ' one equity district,
to be called Cheraw district ; the dfatyiets
of Lancaster and Kershaw one equity dis
trict, called Camden district ; and Sumter
one equity d strict, called Sumfer district.
Hereafter, one of the jodftes of the court if*
equity shall a((md and hold courts of equi
ty ill said district, at the following times ;
k The court of tquiy for Cheraw district, at
Cheraw old court house on the second
Monday in February and June ; for surr
ter district at Sumter court house on ti e
first Friday after the second Monday in i
February and June ; for C annl n district
at Kershaw court Irduse, on Uie first Wed
nesday alter the third Monday in Feb
ruary, and June in each year ; and that
the papers appertaining or relating to
cause* now depending ?n the courts of e
qnity which have henlofore arisen in Sum
ler dis.net, shall be transfered to the ofiice
of i he commissioner in equisy for Sumter
distiict) ?.
T. An act to secure the javr Tigtus of~
mechanics, handicraftsmen, and for other
pui poses therein mentioned. (Uvtscy mas
ter mechanic. Sec. \vi?o shall erect. impi*>ve,
or repair any buildtng whatsoever, shall
have a ltgal lien upon the building, &c.
so erected, Sec. fur the amount justly uiie
him for the election of such building, btc.
provided a memorandum or agreement ni
writing in nature of a contract, be signed
in j)i esence of one or mnie witnesses by
parue*4o suck the^n-o
prietor of the premises or some other per
son lawfully authorised in by them, on
which such building, impiovement, Sec.
were creeled or done, which contract e>r
agreement shall contain a particular ac
count of the work to be done, tUe muteii
als to be furnished and a general descrip
tion of the said premises. Sc be recorded in
the office of Register of MesneConvt vance
for the distiict in which such building, Scc
are erected, See- Provided that such lien
*
shall m no case be for a. greater sum than
the just value whicn such building, kc.
shall give to the lain Is upon which the same
may be erected ; and provided also, that
no such lien shall take effector commence
bt fore the date of the recording of such
contractor memorandum executed in the
manner and form afotesaid ; nor shall such
lien in any ca*e even continue or remain ol
force fot a longer period than three years
af er the date thereof. Nothing herein
contained shall he construed to impair ai:y
prior lien on such building so to be erect
ed.)
8. An act providing a more expeditious
mode of disposing of the cases on the
(lockets of the constitutional courts in
j Charleston and Columbia. [At the next
rmeetingof the constitutional const in Co
lumbia, at the conclusion of the spring
circuits, the judges shaj, as soon as the
criminal cases he disposed of, proceed to
Char!eston, and sit there unt'l, the fi st
July, unless the cases be ssorn r disposed
ol. At the conclusion rf the fall circuits
in November next, the judges shuli" sit at
.Columbia until ali.the cases civil and crimi
nal on that docket be disposed < f, and then
^pioceed to Charleston, and sit there until
1st March, unless all the cases on the con
stitutional docket are sooner disposed of.
'Should the sitting of the constitutional
court hereby directed, extend beyond the
time fixed by for holding the court" of com
J jpon preas for Charleston district, one of
the judges is to hold that court as far as the
same can be clone without interruption to
the constitutional court. And until other
wise ordered by law, the Constitutional j
court shall meet in Columbia on the I ues- I
day next after the conclusion of the cir-j
cuits in every year, and thence proceed to ]
Chatleston for the purpose of hearing and
deciding appeal cases* &c.]
9. An act to make all militia officers of
this state elective. ^Majors and brigadier
generals to be elected by the commissioned
officers iif their respective divisions-? any
commissioned officer eligible to the oflv e
of major general or brigadier. Colonels
and majors to be el cted by all free white
men in the regiment or battalion (except
ing such as are attached to the cavalry 01
artillery.) Captains, lieutenants and en
signs, to be elected by the privates in their
respective companies. Whenever a va
cancy takes place in the commission of
lieutenant colonel, the major of the regi
ment to he immediately commissioned lieu
tenant colonel. Vacancies in volunteer
corps of cavalry, artillery, and light infan
try, to be filled from amongst themselves
by the vote* of the individuals composing
the same. Any vacancy which may hap
pen while in actual service, to be filled by
seniority. Commanding officers are au
thorised to appoint sutlers to retail spirits,
8cc. to the men at their muster grounds ]
10. An act to make compensation to
persons who shall nerve as common plea
and p<*tit jurors and constables for ttyeir at
tendance at courts. (Every p? rson who
shall be drawn to serve, and shall attend
st any court as a petit juror, shall receive
for hi a services one dollar per day j ai d
each constable one dollar: Provided that
not more than five constables shall receive
pay at any one court, except the courts at
Charleston, where not more than nine shall
receive pay. Immediately after the con
clusion of each court, every juror and con
stable shall prove on oath to the satisfac
tion of the clerk of the court, the number
of days he has served; and it shall be the
duty of the clerk, at the conclusion of each
court, to ftfiake out a roll of the petit jurors
and constables that have attended such
court, exhibiting the name, time of service,
and amount due each juror and Constable*
and the t?rm at which the service was per
formed, and shall enter the same on tl e :
mirutes of the term when >i.ch servi;
si.ai be performer, ard t\\~W ? . to
the compti'Oiler ucc.t tied copv of ti c
same, andshul. furnish cac't v.; er a! d cu;w
stable wiih a ccrii fcea'.e in iiic ioiiowm^
form ^tate ol South Caionn3. I, A i .
cleik of the court of sessions and con nr. mi
pie*s for district m the sxd M/t,
tloceitily that attended .?> a |k-Ui
juror (or actually served a> a constable as
the case may be) lor said d.stiici
clays at term, 7\. D.uiu: is enti
tled to receive for the same
dollars." i' ach of which ceililicatcs shall
be signed by the cUrk. and cuvuiitiv^m il
-by Uie presiding judge* and such cwi -id
eate shall be payable at the treaMii) oi tho
upper or lower division < *n dt ii.uul, an I
shall be received by the tax collector m
payment of state tax^s. i.uc?i of the
ciets shall be entitled to receive from the
state at each court for the services i?np -
II. All act to increase the pension^ of
certain persons* (bvei y pensioner of the
revolutionary v\ar, upon producing a cei
tiftcate of three justices of the peace or..
quo; uin, and of cue member of the k ^
lamre ?n the district, testifying the pen
sioner to be of v^ood character, See. shall
be entitl d to receive sixty dollars per an
num.)
12 An act to enable parties to suits in
the courts of law and equity in this state
10 take the examina'ion by commission of
witnesses wlio arc ulxiut to leave the suite.
l.> An act to authorise the honorable.
Richard C?antt,one of the judges of com
mon pleas and general sessions of the
state, to leave the same for the lime theie
in mentioned.
14. An act to confirm the tre?t\ betwreu
the stale of South-Caroiina and the Che
rokee Indians, relinquishing the title of the
said nation of Cherokee Indians, to that
part of then terri ory lying within the char
tered limits of this state, for appointing
commissioners to re survey and lay out
the said lands, and for other purposes
(herein mentioned.
15. An act to enable the assignees of
judgments and decrees 10 brin^ suns in
tluir own namti.
16. An act to establish certain roads,
bridges and ferries, and for other purpose*
therein mentioned. [ I'he put titular pro*
vrsiwhs of this act witi be given hereafter.]
17. An act to raise supplies for the year
one thousand eight hundred and sixteen*
and for other purposes therein mentioned.
ACTSJJi' A LOCAL NATUHK.
I. An act to incorporate the Society
Francaise in Charleston.
2 An act to vest in the incorporated
vestry of the paiish St. Thomas, power
lo dispose of a certain tract of land th'crc
in mentioned.
3. An act lo establish and confirm the
choster, and St. James', Goose-^ ret k> and
for other purposes therein mentioned.
4. An act to vest certain property in
Mary Ann Hooker.
5. An act to authorise Elias Horry, in
temlant of Charleston, or his heirs or ex
ecutots, to convey in fee simple to the
United States of Americ*, two lots of*
land in the village of Hampstead, as a site
for a marine hospital.
6. An act more effectually to present
the pernicious practise of framing. [To
be published at length hereafter.]
7. An act to extend Pincknoy-street ip
Charleston to Meeting-street.
8. An act to authorise the City Council
of Charleston, with the consent of Con
gress, to impose am! levy rduty on the
tonnage of ships, vessels of the United
States, arriving from foreign ports, for tlio
maintenance ot a marine hospital, and for
Other purposes.
9. Ah act to increase the number of
justice* of ihe quorum and of the peace
in the districts of Kdgefield, Sparianburgh,
and other districts i herein mentioned.
10. An act to incorporate the Williams
burgh Library Society, and otter societies
therein mentioned.
I I. An act to authorise a lottery for the jr
relief of the late sufferers by fire at Pick* ^
enville. ?
>? * - *
12 Anact to incorporate the Wlnyavr
and Wando Canal Company, and farot)>er
purposes therein mentioned. .
] 3. An act to enable and authorise 8er->
enus Mayer to msmumit and set free by hie
last will and tesUnfcent, certain slares.
The celebrated French General SavaH
it, arrived at Salem 18th inst* in the ahip
Jugutta, from Smyrna.
Marshall Sava*y was formerly Mini
ster of Police to Uonaparte? and after hia
first abdication took great paina to obtain
an audience and employment from Louia
18th. He and Lallamahd surrendered
themselves to the Kngli^h with Bonaparte
?but were refused permission to follow
him to St. Helena, and at their request
were sent to Malta*
According to the la?*t accounts from
Portugal, the marriage of the Prii e sses
ot that kingc'om, with thy King of Spain