Camden gazette. (Camden, S.C.) 1816-1818, January 31, 1818, Image 2
A ' i*- ? ulkvl o%li?r in . 4 l p I - ? . . . ,
VA uM on t ic t il i day of M.?y, i'i the \ ear
oi jut Loi d one tliou.si.id sc\e?i iiuiKirjd
?iul t'ortv.
Ta*t when any p?r3>n shall be feloni
tJlul v strurk, * ouuded poisoned or o;her
w,5j injure \ in tnis ?ldle, <uki Oio thereof
m a. m ^Hir :?t.ite or territory, the person or
p.TV**? guilty ofsueh striking, wouaAh^,
p^?so ?in^j or other* injury, a id ever/ ae
fesjary thereto either betore or after the
act, s!*x].i bo tried by and before the court
of the di&triet^ her j such stroke, round,
fcoison or other injury was had, given or in
flicted, and (if ccmvicted) punished in the
iwnie mode, manner and form, as if tha de
ceased so ^iricken, wounded, poisoned or
otherwise i.iju ivdTTuuTdied thereof nr^drtr
district w hat? such stroke, Avound. poison
for oth^r injury happened or was indicted.
If any person or persons shall luvcigle,
\teal or carry aw \y. any negro, or other
Blave or slaves, or shall hire, aid or council
?ny person or p?;rso^s to inveigle, steal or
carry away a* aforesaid, any such slave yr
slaves, shall he deprived oi the use and beb
?tit of such slave or slaves, or shall aid any
such slave in running away, or departing
fro n his master's or employer's service,
he, she or they, tipon bein^ tnereof convict
ed, shali be publicly whipped, and receive
not more tlian thirty-nine lashes, nor less
than twoiity lashes ; and shall moreover pay
a fine, not exceeding tw*o thousand dollars,
nor less than one thousand dollars ; and up
on default or inability to pay such fine, shall
be in^oiisoned not less than one year not
more than two yesrs.
Ail and everv persoiior persons who sh^jk
he indicted antf found guilty of stealing Any
horse, mare, geidtng, colt, filly, ass, or
mule, shall 4>e privately whipt, and receive
not less than thirty -nine lashes, and shall
be imprisoned not more than twelve months,
nor less than six months. And if such of
fender or offenders shall at any time after-|
wards commit or repeat the like offence, he, I
she or they shall be publicly whipt, and re-#
coive not less than fifty lashes, and shall be
moreover banished from the state.
Whoever shall be convicted of perjury,
fchall pay such fine, and suffer such im
prisonment, and receive a* many lashes, as
the court shall, in disoretiouqliiuk fit : and
if such offender shall. at any time after
wards co-umit or repeat the like offence,
he or she shall receive the like punish
ment ) and in additiou thereto, siiail be ban
ished from the state.
And be it further enacted* That the fe
lonious taking and carrying away the per
sonal goods and chattels of another, shall
in all cases be taken and adjudged to be
larcenv- without any regard to the distinc
tion of grand.anLLputty larceny, or to the
species of the goods and chattels so taken,
except in Such cases as are otherwise pro
vided for by this act. And if any person
Or persons being indicted for larceny, shall
he found guilty thereof, he, she or they,
shall fori c it five times the value of the pro
perly Stolon, and shall be imprisoned .iot
i?*>s than tlitee 'months, nor more than six
months ; and upon default or inability to
pay such fine or forfeiture, shall be pub
lifckiy whipped, with not less than thirty
lunc, nor more than one hundred stripes,
and if 3uch offender or offenders shall, at
any time afterwards commit, or he guilty
of the like crime, he she or they fchall be
fined and imprisoned in like mantVi r, and
be publicly whipped with i*>t jess than fif
ty, nor mure than one hundred stripes, anil
shall be banished" fiom the state.
Arid be it further enacted, That whoever
shall bi v any stolen goods or chattc?s>know- j
in** the tame to Ik) stolon, shall incur the
same punishment, as by this Act is ap
pointed for such as he nuiUy oi larceny.
livery offender who shall cheat or cotn- j
mil any swiiMling, upon being indicted and
found guilty thereof* either by common ?
law or by statute, shall be fined and impris
oned, and receive such corporeal pun
ishment, as the court shall in discretion
think fit: and for the second offence, every
such offender shall rcceiyo nut less thin fif
ty nor more than one hundred lashes, and
shall b<S banished from the state.
The court before whom any offender
shall he indicted and convicted of gt ttinjj a
bastard child, shall, in discretion, fix the
itum to be paid for the maintenance of the
6hild, *n4olfcdofauU in paying H'ch sum,
or j;ivinjj?urity foi- the maintcnai.cc of
Such chil^Hfeh offender shall be whipped
witb 4i<jtjjHphan thirty-nine nor more than
fifty strip**
Whoever shall crnceal, entertain or har
bor atiy fugitive or runaway slave or slav cs,
10 the injury of the owher or owners nfsuch
slave or slaves, \ipon conviction tltercof,
shall pa}' such fine as the court shsll in dis
cretion think fit. *
Vfc soever tfoajl wantonly beat, **onnd or I
ill treat *ny slave u*aves, or shall v.nish
any slave In a barWous mmv, by refu
sing rte'eesaary subsistence, or by any other
undue severity to such slave or slaves, upon
heVnpf indicted And convicted thereof, shall
be fined msilch sum as the cQurt shall in
dis<* ration think fit. 1
B? it further. enacted, That in all indfct
Ift 'iits for retailing spirituous liquors, the
iuior.ner shall toe a competent vftness, to
t?yy on the part ?t the stare.
^Vhoerar shall be found fcuHty of assault
,nd battery, shall be fined and imp^snned,
?v>t m^retnwitwuyea'N. nor l*bs fhan one
Month : and all such fi n's shali be p / I to
the commissioners of the r of the' \*\t*
\ ,h or district whcivin aucSi otTWe shall
brhe been < ommittrj.
' And he \\ hereby < ar.c.U'd, TJ:at the
ptWiahma.tt of pi'l'vy, jnd b'.rnhjfr in the
K.ind,Ue,and the s.i.ne *i\ hop '>.V aboiUh-ti
td nun auV?>n In*- pu i
?s>.r.i of plilrry a*. . 1 ~ v.: in the '
Wave been heretofore e^cd or ia\wtbe couit
?hall, in lieu thereof, i.rdei* and direct such
Pint* and ini;>i*lsoir.aen^ "in ? leir discre
tion may be propc**.
And be it further enacted by the author
ity aforesaid, That u any offender cr offen
ders shall be convicted of any crime, Where
by such offender or offenders s;iall be liable
to bo brushed from tnis state, it shall be
thi duty o'. Ihe judge before wlioftS such of
fender or offenders sh * i be tried, to fix -a
certain day for said oneuaer or offenders j
! to leave the stite ; and to cause a desenp
| tionofsuch '> .fender or offenders, together
I w i til* the judgement of t.ie court, to be pub
I lished three times )h every newspaper in
? t-f^- state ; and ;t any offender? or ohV.tidf.ns .
so banished shall return into any part oi
South Carolina, he or she so retuYning si tail
be liable to be punished as any- person- at
tainted of felony without benefit of clergy.
And if any offender or otienders so banisn
od as aforesaid, be found within this state
after the expiration of the. time fixed for the
said offender or offenders to leave the state
a3 aforesaid, he or she thus found wHhin the
state, shall be liable to all the pains and pen
alties of having returned from banishment,
and shall suffer death accordingly.
And be it further enacted, That upon
the arraignment and trial of any person for
returning from bauishmett, the clerk ol
general sessions of the district wherein*
such offender shall have been convicted
- and had judgement of banishment, shall, at
the request of the prosecutor, or of any
otherln the states' behalf, certify a tran
script briefly containing the effect of every
indictment against such person, and the
certainty of the conviction anil judgenu nt,
to tiie clerk of general sessions wherein
such person shall be indicted, which certi
ficate being produced in court* shah be
sufficient proof that such person has been
rfegally Banished from the state.
* And be it furtheT* enacted by the author
ity aforesaid, That if any person or per
sons be indicted of any offence, for which by
virtue of any thing in this act contained,
such person or persons are excluded from
the benefit of clergy, if he, she or they be
thereof convicted by verdict or confession,
such person or persons shall not be ad
mittcd to the benefit of hTs, her or their
clergy; if he, she or they stand mute, or
will not answef' directly to the felony, or
challenge pcremptoyilv more than twenty
persons returned to be on the jury.
And be it further enacted by the author
ity afo;%saidt That in the taacfc herein be
fore mentioned, the pun'u hments presc;i-.
i-ed bv this act, and none other, be intlicted ;
and that all former acts, arid parts of acts,
so far only as the same are contrary tmfia
true, intent and meaning of this act, be, and
t^.e same are hereby repealed.
CJSE OP C'OX.. JOII.V .1\'nERSOJ.%
(contihcko.)
U.&CONOIiESS.
.. HOUSE OF REPRESENT ATIV ES.
'J'iiursrfay January 15.
The H'>iw resumed the consi
deration of the case of Col. Ander
son, the following'resolutions, mo
ved by ;VIr. Rnea, by way of
amendment, being ve* under consi
deration.
" Resolve*, that this house
posse$seth competent power to
punish for contempts of its author
ity.
Therefore, Resolved, That the
Sergeant at Arms be directed to
conduct John Anderson to the Bar
of the house."
? Mr. Rtiea. with a -'"view to put"
?his amendment in a shape more ac
ceptable to gentlemen, modified
his moffon for amendment, so as to
make the first resolution read fol
lows : '
*' Resolved that this hou*e pos
sesses adequate power, to punish for
contempts against it.
Mr Pitkin assigned the reasons,
why he wished to avoid placing on
the Journal any thing affirming th<*
authority of the He*?se on the one
hand, or denying ic*on the. other >
and. tb escape the alternative pre
sented to the House by the propo
sed resolution and annndrfttnt, be
moved to postpone indefinatefy the
consideration of the. main question
and the amendment proposed there
to. ? f
i After some questions [ to the
chair, and explanations therefrom j
respecting die effect of such a post
ponement, that effect was pronoun
ced from the chair to be, to place
> tlte question iu ;the state in which
it was when the- motion of Mr.
Spencer was first made j and, if this
course *tre pursued, tha: the hoifee
would he at full liberty to take any
course in reject to John Anderson,
which in its opinion was within the
scope ot us constitutional powers.
After ex; l.inatery riruuii-* bom
1
vauou? membtrr, s:r,or.^ wIvt.i
were?Mc$>rs. R ch, Rl'.ca, Tail
majge, B J lard Smith and Cul
J>reth ?
The qurstiori was tiken on the
i postponement, and decided as foi
| lows :
For indefinate postponement 117
Against it 42
1 he propositions before the
house were indef?na:clv postponed,
Whereupon Mr. Tall mad ge of
fered Che foilowifi^ resolution for]
consideration :
t( Resolved, That John Andrrson
_bcforthwith brought to the bar of
this house."
Mr. Rich proposed to amend the |
resolution by adding thereto the
following ,
,c And that he have an opportu
nity of offering to the house anv ex
planation of his alledged offence,
which he may think proper."
This motion Mr. Rich support
ed by observations regarding the
general Question, in which he op
posed the expediency of proceeding
further than he had suggested in the
present case.
After a few observasions from
Mr. Sergeant, however, Mr. Rich
withdrew his proposition.
Mr. R h subsequently moved
to insert an amrndfnent, denying
; the power of the House tojudge or
punish any individuals, its own
members excepted, which motion
was negatived by a large majority.
Mr. Culbreth then moved to
strike out the whole of Mr. Tall
madge's resolution, and t<* substi
lov/mgi
4< Whereas John Anderson is in
custody for an offence which this
home does not pot?CM the conati
tutional power to try, or right ? to
? punish : Therefore.
4< Resolved, That the said John
Anderson be discharged ? from the
custody of the Sergeant at Arms.*'
And the queston was taken on
the amendment thus proposed, and
uecided as follows :
Yea3 4? I
Kays 1 19 |
So the Hfouse refused to agree
to the amendments proposed by j
Mr. Culbreth,
The question was then taken on
the motion that " John Anderson
be forthwith brougni to the bar of
this house," and decided in the af
firmative, by Yeas and Nays ; 118
to 45.
Whereupon the Sergeant at Arms
brought to the bar, and the speak
er propounded to him the following
interrogatories, to which he made
the replies thereto ; ?
1. Do you acknowledge your
self to be John Andersoa I An
swer. Yes.
^ 2. Did you Write and deliver to
Lewis William a member of this
house, the letter of which a copy
has been furnished to you by f the
Clerk ? Ans. I did.
3. From what part of the city did
you write the letter ? Atis. I wrote
at Mr. Bestor's, where I board.
4. What is the amount of your.
ownclalmst which you arc attempt
ing to liquidate ? Ans. About 9,000
dollar*.
j.Wh'vt is the amount of those
of others, which' you are soliciting? I
Ans. About 000 dollars.
6. Have you an? interest in the
latter ? Ans. None, of a pecuniary
kind, but am influenced in their pur
suit by motives of charity.
7. Mad vou any authority from
the persons yow represent to make
the offer contained in your letter ?
An*. I have a general power of at
torney do for them as 1 would do
for myself, lw.it had no instructions
to make that or any. othet r?frcr.
/ * f r jrt" ' ^ Jk I
8. Are you acquainted with any
persons now in the city soliciting
tne claims of other* ? ifyo* name
diem. Ans. I am'; tfiere i* a Mr, I
iAmierov, who is a soliciting his
own claim, and Col. Wacsoi?r who is
a general a&enc. ' %
1 9- Have voi: irt.tdr' n?v ? !ur
fcr to any person. Ans. No.
io, Did yr.j consi lt cr jdvi-c .
with r.rtv person bvToir vou wrot~
and ?ciiv t:\ci the letter r Ans. 1 did
| nor.
j if. Who is :\c M>. HnlSJr.i
you mention in tjie ictrrr ? A:*s He
, is a gentlcrrim I became partial) v
acquainted with during the troubles
of the river Raisin. I have not seen
him since ci iac troe, till I arrived
iu this city at the present session of1
Congress, an I did not rec.^ni^e
"firriii until he made himself knov^n
to me. * . - r
12. Has lie any claim to solicit ?
Ans. None to my knowledge.
1 Have you any witnesses to
examin^, or defence to make in jus^
, tirication, or explanation of your
conduct ? If you have the house if
read;' to hear you.
The prisoner at the bar then cal
led TJpon his witnesses, viz. Gen.
Harrison, Col Johnson, members
of the houie i Mr. R. J. Meigs*
postmaster general; Capt. Gray ?
Mr. Cyrus Hulbard ; Capt. Larra
bee > Col. Jos. Watson $ Mr. John
I I. Piatt j Capt S. IX Richaidson i
Mr. Pomcroy ; Lieut# Conway ;
who, all bring previously sworn,
delivered in their testimony*
The testimony was uniform, as
far as the knowledge of the witnes
ses extended in giving the accused a
high charactcr for probity, correct
department, and patriotic conduct,
I It was too 'diffuse t*>r publication en
tire tfyat of Col. R. M. Johnson
is sciecteU as a specimen of die gen
[ eral tenor -of the-ev4dencg.-^ ?
%Mr Johhson having been called
on by the piiaoner to, give, to th*
I house any information in his pos
I session touching his character and
[Conducrj, tcsnfied to thin effect ;
I that his knowledge of the charactcr
I of Col. John Anderson was not de
l jmiho-mucii from personal, intei*
I course as from ther information ?jt*
I others j but so far as his personal
! information extended, was corrobo
I rated by it. When Col. J.' was on
I the northwestern frontier, Coiont I
I Anderson was a fugitive from De
troit on the river Raisin, as Ccfl, l.r
I had understood : and, being -well
I acquainted witfi the frontier of that
I part of the U. States, attached him*'
self to the tpounted regiment. How
I lon<* he acted in that capacity, Mr#
I J. did not recollect. As far, said
I Mr. J. as his conduct came withiij*
I my own knowledge, I conrid<jK;d ,
I him a very gallant and a very brave
man., In relation to the inform#?
tion he had from other quarters,
there was a general content of opin
ion' that during the war, Col. An-,
derson had been considered not on
anUaof integrity* *]io had mack
uncommon s?criflt$T o f nearly all ,
his property^ from his devotion to
the cau>eof the country. Mr. J.
ssid, he did also understand, from
Hcvcraf source#; th&?ok Andcr>ont
! at the risk of his own life*, did, at the
river Kaisin, rescue iidivkfeials from
the hand* of the savages* Col J,
had further understood, he said/ that
Col Arkhrsort hod refused the com
mand of a regiment offered, to him
by the British commander* when
the enemy had po iession of that
country | and Cok Elliott, on belDjj
pressed t(f repeat the offer, answer
ed, that fie knew die character of
Col. A. fuUy* ?*( he knew he
would as jpon submit to have his
head chopped oft as to accept of it*
Of John Anderson, sJftd Mr. J.
in relation to hts conduct to me a:
the last session, and-'at t!;i.?, 1 cansay, ?'$
with6ut prejudice to the merits Of
others, 1 hue never known an indi
vidual, who*c /fd^ses Were so great
and who knew I wa? disposed to ad ?
vocare hi* Claims, to take up so lit
tle of my time, aiwi to be as modest
in urging his claims. All these cir
cuuu.caiuW together had given to
Mr. J. a high idea ot the integrity,
of the gallantry and patritftbm of
Col. Anderson.
*Orl*r f:*c cs thana t}>ose above