The telescope. (Columbia, S.C.) 1815-1818, December 10, 1816, Image 2
i riO I1. l-J
; STATE LEO 1BLATIJ H10.
I10UUK OF HKPHKSRNTATI V K8.
ITwiiiff, fitfember 3.
'Hie following resolution, submitted by Mr.
Mitchell* was considered and disagrfced to, viz..
ltesolvcd, that it it the opinion of thin houite,
that the office of elector for president ami vice
president, is a disqualifying oflice, and if held
by any member of this lioUse, will vacate Ids
scat.
Pursuant to notice, Mr. Fhrrow introduced n
bill to reduce tlie salaries of certain public ofll
cent therein nibiitirthfed, which was read a fir*!
time, and orticfed'to a second reading to-mor
row. *
A biM to impose further restrictions on the
emancipation of slaves in this state, was read a
first time, and ordered to a second reading to
morrow ; and ordered to bo committed to the
militnrv committee.
Mr.Toomer, from the committee, appointed
to enquire into the measures uectossarv to be
adopted, the better to promote the health of the
representatives chamber, reported j ortlercU for
Consideration to-morrOw.
The House then proceeded to th'o order of
the day. 'I'he report of tho judifciary commit
tee on'several petitions, praying that jurors and
constables be allowed compensation for their
services, at tho several courts of thin state, re
commending that the prayer of petitioner* be
granted, was read ; on which a desultory though
interesting debate arose between Messrs. Yan
dey. I lay ik>, Lance, Daniel, Stephens, Harrow
and Simmons in the affirmative, and Mr. linger
in the negative. It was urgbd in favor of the
report, that jurors tvcrc compelled to attend at
a great inconvenience as to time, distance and
expense, tho courts to ivhich they were summon
ed : That the service was unequally imposed
on men,some having to serve much oftciiQr than
others. On the other hand, it was maintained,
that trt serve as a juror was a jiriviUge to a free
people : that there wcro duties incumbent on
individuals of a government, which they ought
to discharge voluntarily : that if jurors were al
lowed compensation, militia men might proper
ly claim it: that it would be necessary to tax
the people to pay the jurors?the amount requir
ed to pay jurors and constables being great, the
MX imposed for the purpose must bo in propor
tion. In reply it was said, that the privilege
was one which many sought to avoid : that to
Kay the militia men should be compensated for
services if jurors were, was not aflirming that
cither ought not to receive pay : that militia du
ty however was equally imposed, but service on
juries was not so : that when militia were call
ed to do dutv by detachments, they were then
compensated, because the service was unequally
exacted : thnt tho tax necessary to pay jurors
was already imposed, and it was only necessary
to appropriate the odious poll tax for that pur
pose : that the greater the tax required for the
means of compensating jurors, the greater the
necessity of appropriating it. Tho report was
concurred in?nays, 3?(lluger, Ford, ami Sea
brook.)
The following resolution, submitted by Mr.
Yancey, was ordered to lie on the table; Re
volved that tho conqienaation to jurymen and
constables, ought to be raised by a tax on each
district and parish, for their own juries, and
that the committeo of ways and means, bo in
atru -ted to make provision therefor.
The following bills were read a first time,
and ordered to a second reading to-morrow,
vi/.: a bill to prohibit the issuing bills or nego
tiable notes under the denomination of one (fol
iar, and for Other purposes therein mentioned i
nnd a hill to firbhipit the introduction ol slaves
into' tills state, from any of the United States,
and for other purposes therein mentioned.
Mr. Speaker read from the chair, addressed
to hiin, mtm John Bioren, and Win, J. Duanc,
of Philadelphia, and It. C. Weightman, of
Washington City, proposals to furnish this
state with the laws or the United States, which
thev are about to publish } referred to the com*
u.iftcc on thu judiciary .?-Adjourned.
IVttlAetoltiy, Dcccmfwr 4.
Mr. Mills introduced n bill to authorize dm
--ommisiioners of roads to aH*Ci?? and collcct
ta <ch, according to tiro general principles of tax
ation, and for other purpose* therein mention
ed, which was read a first time, and refcrrod to
the committee on roads.
Pursuant to notice, Mr. Downs introduced a
bill to explainAAd amend the second section of;
an act, cutitledJfBftct for settling the titles of
the inhabstatif^Hhis stato to their possession*
in their estat4JMnin the same, and for limita
tions of action*! and for avoiding law suits )
which wa? read a first time, and referred to the
committee on the judiciary.
Mr. Pinckney introduced a ;Wil for tlie relief
of female debtors, and Jfar other purposes there
in mentioned, which wM read a time, and
referred to the committee on-*th6jud(ciliry.
Mr. Hay ne gave notice, thAt he would, on to*
morrow, ask leafe to introduce-a bill to increase
the salary of the governor of this stale. Mr.
It. introduced a bill to alter and amend an act
entitled, an act to limit the term of service of
certain officers wl.o have heretofore held their
offices during good behaviour, and for other pur
pose* therein mentioned, passed the ITth of De
cember 1HI9, to as to exempt certain officers
therein mentioned, and who were in office at
ihv: time ef the passage of tho said act. and who
held their offices during good behaviour, from
the operation df t|ve eaid act | .which waa read a
fir*4 lime, and referred to the committee on the
jttdtcjayry,
, A communication was received from'Ms ex*
cellel^y Ike gov?en*r,by the secretary of state,
Accomhanied by, communications fromlheex
ocutivis Of sevet.il of the Mates, conveylnftheir
decision on several propositions to amttml the
cmfttitntjon'of "the United States. Also,'the
report of the building committee oftheHonth
Carolina College; together with the accounts of
fhn commissary geMMrft of Issursj and an ac
wit of the O'uburiemciit of that part of the
contingent fund expended (lie present year?
which were severally road and referred.
Pursuant to notice, Mr. Hayno introduced a
bill to relieve tho fudges from the necessityo!
givine separate opinion,? -ift appeal cases, and to
provide for the publication of aueh opinion* for
the information of tho people; which waa read
n first time, and ordered to bo cotppritted to the
committeo on the judiciary. Also, a bill to fcuiet
the title of the citiaens of this state to'their
lands { which waa read a first timo, and com*
initted to the committeo on the judiciary.
The bill altering tho judiciary ay stem, artd
establishing a distinct court of appeals, was
read a first time, and ordered for a second read
ing to-morrow.
The house then proceeded to tho consitlera
lion of tho following resolution from the senate,
viz.. Resolved, that tho governor be, and lie is
hereby authorized to place the public arms in
the several arsenals in this state, in the handaof
the militia, under such regulations and rettric
tions as ho in his judgment may think beat cal
culated for tho safe Keeping of the Same, and
the encouragement of military discipline.
A motion was made to disagreo to that reso
lution, for the purpose of acceding to a report
of the military committee on the samo subject,
but in direct opposition to tho resolution from
the Senate, and carried nam. con. Mr. Farrow
moved to reconsider the vote, which waa agreed
to. Messrs. Farrow, O'Neal, Downs and ulas
cock advocated the adoption of the resolution
from the Senate, on the grounds'that the jrover
nor would doubtless requiro good security for
tiie re-delivery of the arms when called for ;
that it was necessary for militia to be ready arm
ed to jkftt on emergencies that might occur, Im?
cause- these had been threatened ; that many
men were too poor to furnish themselves with
ai ms, an required bv existing lows j that militia,
by a familiarity with the use. of muskets, would
be more ready*to act efficiently, than when cal
led* suddenly from the use of a rifle or shotgun
to depend on the flic of musketry) that militia
dHSlf would bo inore careful of the publib arms
than the public arsenal keepers, because they
would know their hopes of defenco from foreign
oppression would rest on these same weapons.
Messrs. Ilayne, Yancey, Dull, Kennedy, James
Campbell and Martin opposed tho resolution
from the Senate, bocauso it w as impossible that
any obligation the governor could impose on mi
litia men from eighteen to twenty-ono years of
age could prevent a misapplication or 'disposi
tion of the arms they might receive ; that the
carelessness of men receiving public property
on loan, was proverbially known j that in Ave
years one third of the arms let out could not be
collected if called for, and half of what was re
turned would be unfit for use) that the frequent
change of residence among members of beat
companies would tend greatly to the loss of pub
lic property, for when men removed they would
take their arms with them, and the recovery
would be accidental ; that it was neccssary to
have a military depot, a rallying; point for mili
tia on emergent occasion, which pointa would
best to be at a deposit Tor public stores; thai
men employed and paid by tlic state (as arsenal
keepers) to preserve the arms, would more like
ly attend to that duty than those who had no pe
cuniary reward for the service ; finally, that
there were not more than arms sufficient for one
sixth part of the militia of the state, and that
beinjj unable to supply the whole, it would be
counted unfair to serve a part, when the balance
must supply themselves. The question on a
grecing to the reaolution from tho Senate was
taken by yeas and nays and lost--4r to 62.
AYKH?Mcjum. Alexander, Bell, Dourke, B radly, 8.
Cannon, R. Cimpbell,Cunningham, Cum-, Cureton, Be
loach, Hawkins, llodd, Downi, Farrow, Font, Camion,
(,la?cock, Glenn, Orimn, Cregg, Itsrlcy, llammet, Jnnci,
Jenkins, Lawlnn, Miller, C. M.tchell, M'GJII, M'M lUn,
M'M.rlucl,Otlain, O'Neal, Pony, Pearson, K iwkf,Hoar
don, Rcid, flnlxTtfton, ltoss. HobcrU, Salmon, Bwygcrt,
8my th, Sims. Thomst, Walker, Word.
NOB8?Tnomas Bonnet, E*q. Speaker.?Messrs. Ar
thur, Itenbow, Bryan, Bull. Butler, B. Cannon, J. Carr,
T. Carr, J. Clement, C ?gckll, Darby, Dargnn, Doyley,
nw.ght, Kasley, Evans, Guillard, Codard, C. Cnflln,
Iftu'ho, Jerman, Kc.th, Kennedy, Hirksey, Lance, 8. I**,
\V.'l<ee, Martin, Ma*o?, A. Miller, Mill*, Morris, Mor
gan, Nnsblt, Noble, Palmer, Petrin, P.ncknev, Po n ett,
Pope, Ravenel. Rhode*. Richardson, Roger*, Ron ell, 8:..
vuge, W. ttcabrook, W. B. Kcabtook, Simmon*, Apann,
Htcpiieii%jBt4rk, Tonnter, Trrscott. Witlierspoon, Wil.
kin?o% Wilson, Yancy, Youngblood
Mr. Iluter, from the committee of ways and
means, -introduced a resolution appropriating
the tanda lately acquired from the Cherokee In
diana as a permanent fund for the aupport of the
free schools of the state, and extending the ju
ridical authority of Pendleton district, over the
tract of country thus appropriated.
TAuriihijf, ftetimfor 5.
The report of the judiciary committee on a
hill making the treasurer of tho upper division
ex officio earlier of tho branch bank of the
State of KotUljh>Carolina, wns called up. Mr.
Farrow, to Merest constitutional scruples, read
tho 10th article on tlto nubject f treasurer.?
Treasurer and cashier are synuminous, business
being to that one officer execute* both duties,
except in Charleston. Where fhero any dis?
tinct duties, it was provided that the treasurer
ex officio be the cashier, or vice versa. The
present treasurer now nets as cashier, amiably
and conveniently discharges the duties of both
offices. A vainer should ho a permanent offi
cer* as should the treasurer* who is now to be
exchanged, without blftme or error, every four
years, Being of the same character, and hav
ing similar duties, to perform* the office of cash
ier *n<l treasurer may bo very properly united
in one peraon. The pay of two thousand doll's
to the treasurer* and eighteen hundred doll's to
the cashier, make* a sum of MOO doll'*expend
ed for discharging the appropriate dutien of on*
office. A part *f this money might be saved,
arid appropriated to improvement of internal
navigation.
Mr. Yancey explained the difficulties which
?eemed to embarrass the gentleman* Inr reading
the 0th article of the constitution* which article
virtually declares the bill now before house
wholly unconstitutional. The treasurer is re
jutrctl by the constitution to bo olectoU every 4
vearsi by joint ballot of the legislature. An al.
[oration must first be mado In the constitution
before the object of lite bill can bo effected.?
The cashier of the bank ia a servant of the ore*
slilcnt and directors of that institution, wnile
the treasurer ia a constitutional ofUcer of the
state. It was extravagant to suppose t)iat con
ititutional articles ahoutd be mado acccmuiodat
ingto occasional circumstances.
Mr. Martin disclaimed any wish to enter ful
ly intoadebatooii the subject* but would ask if
any man would be willing to discharge' the du
ties of both offices for tho salary of one Alone ?
Economy appeared to bo tho object of the gen
tleman who supported the bill, but it was absurd
to auppose the policy of it would meet thto con
currence of tho house, or of tho membera of the
office.
Mr. Farrow insisted that the duties of the two
offices of treasurer and cauhier nro precisely a
like. The treasurer's office was now vacant
Why supply it when there is no necessitv for
the services of an additional officer P llut hon
est and capable men will accept and discharge
tho duties of both offices for two thousand doll's,
liiko Iceches, incumbents adhere to office, and
2000 dollars will indu.ro any one to accept the
two offices* if united. The constitution re
quites an election by joint ballot, but when the
officer was not required, thero was no ,need to
elect him. Economy should bo regarded } al
though he would not scrupulously weigh nay a
gaiiiH service.
Tho report of the committee was agreed to?
ayes 110, nave 1, (Mr. Farrow.)
A bill authorising the president and directors
of the bank of the Htuto of South-Carolina to
call in bonds due to tho paper medium luun of
fice, ami establishing a branch of the bank at
Georgetown, passed a second reading, and wa?
ordered to the donate.
fritltiu, Itecrmker 6.
'flic House proceeded to the considera^
tioti of the following report, via.*?-The com
mittee on Claims, to whom was referred tho pe
tition of Francis Tisdell, praying compensation
for nn injury received by his ulavn while work
ing on tac public road, respectfully report, that
on reading tlie putitim and tiie voucher* accom
panying the saniCj your committee are of opin
ion that compenbation should bo allowed : they
therefore recommend that the sum of two hun
dred and i'?~.. "three dollars and twenty-live
cent* be pa; -<t 'he petitioner. The question
on agreeing i.* Jie report, after an interesting
debate, (which shall ho given hereafter,) wan
decided?ayes 56, noes 38.
On motion of Mr. Richardson, the House re
solved itself into a committee of the whole, Gen.
Huger in the chair, on the bill to alter the third
section of the ten"- jrticle of the constitution.
Tho bill having been read, [second reading.]
Mr. Pointbktt, (of Charleston,) said, as he
was prepared to vote on this question, contrary
I
.vas prepared to vote on this question, cont._.,
to what had heen deemed by tome of his col
leagues tho interest of their constitutcnta, he
begged leave to offer to this committee tho rea
sons which had determined him to advocate this
measure.
Standing on this floor, (said Mr. P.) as a re
presentative from Charleston, I trust, sir, that
in all questions merely local, or all questions
where Iter interests aro exclusively concerned,
1 shall advocate them not only with tho seal
which my duty calls upon me to exert in her be
half, but with-all the warmth which a devoted
attachment to her Welfare inspires. But, sir,
the question now before this committer in
volves a general principle of legislation, and
concerns tnto general good of the state, and I
feel it my sacred duty on soch occasions to sup
press all local feelings, to act as a Carolinian,
and to advocate a measure which appears to me
calculated to promote the general good of the
I state.
The Constitution it suppose*I to bo a system
of general principles, ana all details are there*
fore inconsistent with ita object. The arrange*
menta of the Court* \ the time ami place of
their sitting must depend upon the increase and
diminution of the population, wealth and c?tm
ruerce, and ought therefore to bo left to legisla*
tivu enactments. This article of the constitu
tion in therefore founded in error, 'ilie consti
tution of Oreat-Britaiu, which, however corrupt
in practice, has in theory been always otir guide,
contains no such provision. That of the unit*
ed States and most of our sister states have left
the arrangements of the Courts subject to the
enactment of the legislature*. That of Louis*
iann, which in this part of it? constitution more
nearly resembles that of Nnuth*C!aiolinn? fixes
the time and place of the flitting* of tlio Courts f
but even the winters of tho constitution of I?ou*
ittiann have loft it in tho power of tho Icgisla*
(uro to alter this arrangement every five yearn.
In the state of 8outu*Carr<tiua this restriction
haa already produced serious ovils. I am not
a lawyer anil cannot speak from my own know*
ledge, but it has been proved to my satisfaction
by gentlemen well vented in that profession* that
great and iierioiiM evils liavo resulted from the
present arrangement?-Lawyer* and Judges con
cur in this statement. It has been stated that
this is a privilege of Charleston \ ono secured to
us by the constitution* and one we should not
therefore yield. Formerly* sir, there was only
one Court In tho state, and that one in Charles*
ton) afterwards Courts were erected in George
town* Camden* Ninety-Nix, flic. &<h Ktill the?e
were not Courts of original jurisdiction ) but
subordinate to that in Charleston. ' Population
increasing and commerco extending Into the in*
terior* these County Court* wore put upon a
footing with that in Charleston. Htill the Court
of Appeata was hoi den it) Charleston* until 1790.
whenftwaa divided between Charleston and
Columbia. Suraly it was not the inteutionto
deprive Charleston of any privilege bv these
succeiaive removals of the Courts. No* air,
they were for the common good, and not to con
fer a special privilege on these towns. Reason,
necessity and the cofnmon weal required thU
course.
It has beou supposed thai front evils
result to tho merchants of Charleston
removal of the Constitutional Court fru
citv to Columbia, if ever it be thought ex
to remote it. 1 do not pretend to Bay w
convenionc* tfcft lawers of Charleston
suffer by thia removal} but, nlr?I 4m cor
the merchaftli'will sustain nr/aerious
It may be asaerted. without any disres)
those gentlemen, that if important cause
be tried in Columbia, here they will ci
plead them. It lias been tuppo-cd. mid 1
with truth, ihat tho Inwycrn in Chariest
better infon^ed in insurance cases and u
tile law. It in probable that thoio of th
rior are better acquainted with land cat
They will mutually communicate their
ledge?they will improve each other?t
school of Taw will be created, and the
generally benefitted. The most import
Hult, however, will be that another link
cltain which binds the inhabitant* or the
and those of the mountains, will be crca
the meeting of men posseted of extents
tiuenre throughout tho state.
The good effects of the establishment
College lia*r been already felt in destrovi
petty jealousies which existed between Ail
sections of the country. Tho youths edi
at that College wiil again meet here j all
dice will bo eradicated i the inhabitants ?
east will see that there interest, is the sa
that of the inhabitants of the mountain
prejudices and jealousies will cease, and i
efforts be directed towards the general k<i
ttie state. 'litis, sir, is a consummation d?
ly to be wished, and will,bo cheaply pure
by the sacrifice of a ri^ht secured to us t
article of the constitution which has pro\
Ikj fountlcd in error.
Mr. UiOHAHDSON said, as the bill
been postponed at his instance, he would I
nected to give the rontons which would itiflt
his vote. He declared himself unprejudic
#tlio scrupulous veneration some gentlemei
'fessed for the Constitution of our Htatc.
instrument though formed in wisdom tnij
defective; for the fairest and most stujiei
works of human structure, are like thefr fix
fallible, and like them must one dav mouh
the dust. No, sir, said Mr. It. 1 appro\
sentiment that the Constitution should n<
anproached without the utmost caution an
lioerntioik i hut when its alteration becotnr
cessary for the removal pf an existing c
shall be amongst the first to advocate Tt.
docs tliat necessity exist in the present c
I conceive not, and therefore, however lit
may bo my influence over Uie opinions of
members, 1 feel it my duty to use my feeb
forts, to 14 preserve, protect and dufend the
stitntion of the State.*'
What are the professed objccts of this
Gentlemen say,toallcviato the laborious d
of the judges, and to enable them to disc)
those duties better. I do contend that al
can be effected without touching the com
tion. lty what means is it propoied to oh
the inconveniences cbmnlained of > lei
the time and placo of holding the Constitut
Courts to tta discretion of tlio Legislature,
constitution already empowers tfie Legist
to fix the time ) and if circumstances shot
any period, render it necessary or expe
that the Com t t should sit altogether at Chi
ton or at Columbia, I do not think the ( <
tution would stand in tho way. 'lite franu
this instrument could not mean to requii
judges to git at Charleston, in case, as gt
men have ingeniously supposed, that city *?
be visited by the plague, demoUslued by a t
do, or swallowed by an earthituako. Be
es, if they chuxc, may near antl?
the judge ? ..
mine all the cases at Columbia, provided
afterwards meet at Charleston \ tho con
tion only requires them to go to Charh
without compelling them to decide a ?inj;u*
there. Wo have been told that the nerii
which the courts are held* prevent theji
from performing their duties in a proper
ncr | that their minds are debilitated and
health impaired by incessant labor. Cn
reasonable thinking mun for a moment be
that the minds of those wise and lei
men, who ..?? e chosen for their utrcngth of
mcnt, as for their legal knowledge, cau
completely wearied and oxhauated oy the I
of five or six weeks, as to bo disabled fro
elding causes which hnve been already iitf
gated,argued and decided in the circuit ctj
T conceive not.
Much stress has been laid on tho Influa
rectiohal prejudices. Let us not be told
country and low-country Jealousies. FV
own part* I totally disclaim them, and
too exalted no opinion of tho members ?
honorable body, to believe they will suffer
selves to bo swayed by local feelings. wh
general pond is in <juo?ti>m. Sir,
general intercut of tho ?t.ite require it, '
Constitutional Court be hold altogctl
Charleston, or altogether in Columbia. '
do this, the Constitution must be altered
when the samo object cau bo effected othe
where, 1 ask, is the necessity for maVn
nlteration? Will it do any (((Hid? If,
men can convince mo that there e*?st? u
?ity for the passage of this bill, I will vote
Hut white there remains other meant* b*
to remedy tho evils complained of, I v
consent to it.
[The aliove la but an imperfect sketch
fl's, observations, he having stood at in
nicnt distance from the Reporter. 1
Mr* i? IWii.ao#, Mr. Chsi ii man,
bound by the duties which I owe to tho*<
present, to give the reasona of my vote u
oil I now before the Committee. Aa the
tion of the public, has bean called to this
in the manner pointed out by law for the
tion of the Constitution, and consider)
bate has already occupied our attention,
lie as concise aa possible in giving tho
which influence me in voting against
metidment.
Two questions are presented for our c