Camden journal. [volume] (Camden, South-Carolina) 1852-1852, November 26, 1852, Image 2
, TftE SEMI-WEEKLY JOUBNAL.
r FRIDAY MORNING. NOVEMBER 20, 1852.
.3 . .. > ?
THO. J. WARREN, Editor.
7.1 "77
' ' Our Cotton Market.
rm.-' ?,,?fnvnr?h]n nows from Europe has
' , v .me cuuuuuou u??w* w?? ??- 4
had the effect of depressing our Cotton market, and a
decline in prices has taken place. We quote extremes
at Tito 8|. j
Later from Europe.
r\ ?. The steamer Hermann arrived at New-York on
Wednesday last, bringing four days later news from
Europe. The lower qualities of Cotton had declined
in Liverpool i to id. Sales of the last two days 8,000
O ott^t- bales.
The Message.
By the exclusion of everything else, we are enabled
to lay this document before our readers. We have no
time or room for comment, but bespeak for it an atten
tire perusal. It will be found a plain, sensible clocu1
meat?-just such as might have been expected from our
excellent Chief Magistrate
The Legislature.
The proceedings of the two first days of the session
have been received, but possess very little of interest
We shall keep our readers advised of the proceedings,
during the remainder of the session.
? ?
GOTEBOft'S MESSAGE.
Columbia, Nov. 23,1852.
Gentlemen of the Senate
and Home of Representatives:
1 ? 11 * 1 II I ?
Anottier year Das rouea rouau, ana urougni
^ the day when, as Representatives of the people,
you have assembled together to deliberate upon
the affairs of the Commonwealth. And before
I proceed to treat of the subjects which, for the
good of our State, I may deem proper to bring
to your attention, permit me earnestly to request
that you will join me in rendering heartfelt
thanks and praise to Almighty God, for the many
and undeserved mercies bestowed upon tis as a
people during the past year. Although some
portion of our State has trembled beneath the
Bcourge of the "Pestilence which walketh in
darkness and wasteth by noonday," yet we have
cause for thankfuluess that we have been permitted
to enjoy, in other portions, more than a usu
al degree of health; and although we have been
vaueu upuu t\j iiiuuiu tiic ucvdotduvii auu iuiu
which marked the tracks of the Jate disastrous
and unprecedented flood, yet wherever its desolating
effects were not felt, a rich and abundant
harvest will reward the labor of the husbandman.
Terrible ha3 been the blow to the prosperity of
our State by the destruction of crops and bridges
on our water-courses, and as deeply as we sympathize
with those of our fellow-citizens who have
suffered, yetVe are bound to bow submissively
to the afflicting rod of our Heavenly Father, and
. render to Him the homage of grateful hearts for
whatever mercies He has seen fit, iu His wisdom
/ and goodness, to vouchsafe to us, His dependant
creatures. It
gives me pleasure to inform you that the
Message, still continues. The South Carolina
* College, under the judicious and energetic management
of its able President, is still progressing
in its onward course of usefulness To the already
able and efficient corps of Professors, has
been added during the past year the services of
Dr. Reynolds, whose high character, devoted piety,
and elegant erudition, amply qualify for the
exalted station to which he has been called, and I
i which he has thus far filled with honor to himself,
and usefulness to the Institution.
The Military Academics still give evidence o'
increasing usefulness, and bid fair to stand as enduring
monuments of the wisdom and munificence
of the State; in establishing so enlightened
a plen of eleraosynary education. The students
at the Citadel were suspended during a part of
" the past summer and fall, in consequence of the
prevalence of yellow fever; but in future steps
will be taken to prevent the disbanding of the
Corps, by encamping in some healthy region, in
case this epidemic should again visit tlie city.?
The addition to the Arsenal, ordered by the last
Legislature, is completed, and, with the former
building, wiK be of sufiicieiit capacity to accommodate
all the Fourth Class, (say from ninety to
one hnndred.)
The last Legislature authorized the Trustees
of the South Carolina College to build a Chapel
i ?ll e ?
piu?iucvi iucy uiu nut uitii upon it ior more 111:111
$10,000. This building, so much needed, has
been contracted for by the Trustees at $22,000,
and will be of sufficient size to accommodate
1600 persons. The Trustees have paid $4,000,
(the first instalment,) out of the Tutition Fund,
and have contracted to pay $10,000 after the adjournment
of the Legislature, and the balance
when the building is completed. You will ]>erceive
from this statement that the Legislature
will be or.ly called upon for the suin which it authorised
the Trustees to use. As no annronria
tion was made for this purpose and as the Trus-1
tees acting under the authority given them by
the Legislature, have contracted for the payment
of that sum after your adjournment, 1 recommend
that at the present Session yoji make an
appropriation to meet this call.
Before I leave the subject of these your cherished
Institutions of learning the one which has
given to your history some of its bright*-st names,
and the other, which, although hut in its infancy.
becrins to show its nractical utilitv. bv irivinir
tf *. C 1 t' ' c o
to the State the services of well educated gentlemen,
wlio, but for its munificence, might have
grovelled for ever in obscurity?permit me earnestly
to invoke for them a continuance of your
care and liberality.
I have endeavored, during the past summer,
to inform myself thoroughly upon the subject of
our Free School System, hut from the want of
interest generally manifested, I have been able to
collect but little information. There seems to
be a general belief that it works badiy, except in
large cities. Conducted as they are in the country,
I do not hesitate to pronounce it an almost
J.*A. 4.1 LI!- f. 3 . T
movicwj cajjcnuimre ui me puuiio iuiiu ] yvi 1 Hiu
far from being willing to recommend a discontinuance
of the appropriation. The object ofextending
the blessings of education to the poor is
too just and noble a one to be abandoned. In
some of the older States, more densely populated
than our own, beneficial results have beeD
seen from it. I am sure the system could be so
altered and improved as to work well with us.?
But to do this, it would require a thorough knowledge
of the subject; and it appears to me that
the only way in which you could obtain that
i 1_-i? ?i.- : ?i_- /-i
Kiiuwiirugu, wuiuu ue tu uuuiuu^ uie uuveruur
to appoint a suitable and competent person to
travel over the State for a year, and notice the
manner of its operations, point out its defects,
and suggest improvements. To do this, it must
be made the specific duly of some one to collect
this information, pay him for it, and require a
strict performance of it at his hands. I feelcettain
of the propriety of this recommendation, inasmuch
as 1 am su.- taiiK d in it by high authority.
One of my predecessors called upon all the
Commissioners of Free Schools to make reports
of the condition of thorn in their respective Districts,
and to suggest such alterations and improvements
as they deemed necessary. These
reports were placed in the hands of Dr. Thornwell
and Bishop Elliott, who, after a careful examination
of them, recommended the plan which
I have done.
The Bank of the State, according to a Pmport
made to me by its President, is in a highly prosperous
condiliou. The capital is ?100,000 more
than last year.
The capital in use may be set down at $3,450,000
Deduct Fire Loan Loads 208,500
3,152,500
The profits are 309,405
Deduct Interest on Fire Loan Bonds 29,680
Leaves .279,725
which is about 9 per cent on its capita).
The Charter of this Bank expires in 1856.
The short time it has to run renders it proper!
that you should consider the question of its re I
charter at this Session. I think there are many
...u? -i?u t!.:., in. i
rauiUUB wnj a nuuuiu uc iv;-tu(ii iuivu. j uio institution
has proved itself to be highly useful,
and safe as a fiscal agent of the State, and has
aided materially in sustaining our people during
the severe monetary crisis through which we have
passed. As all human institutions are imperfect,
no doubt but some instances of mismanagement
have occurred in the conduct of its affairs. I be
lieve the only mismanagements that has been complained
of is an over indulgence of some of its
debtors. I have not been able to learn, however,
that the Bank has sustained any losses from this
cause. In some instances a long indulgence has
secured the final payment of the debt, and at the
same time enabled the creditor to secure a competence
to his family, when the sudden calling in
of the debts would have resulted in heavy losses
to the Bank, and brought ruin and bankruptcy
unnn tVio dol\tnr
Ur.^UVV.V?
It is much mure creditable to the management
of this Institution that it should have erred in
this particular than that it should have proved a
relentless creditor, by forcing sales of property at
a ruinous sacrifice. If any real abuses do exist,
they ought most certainly to be reformed. The
existence of them in a system is no proef that
they are incident t it, or that the system itself
is a bad one.
The Charters of many of the private Banks
are about to expire; and in all probability appliBanking
system, were the question of its introduction
amonsrst us for the first time made, one
thing is certain, it lias so completely intenvoven
itself into all our habits of business, that to abandon
it now would greatly embarrass the commercial
interest, and probably bring ruin on the
country. It perhaps would be wise to re-charter
them all, yet some check ought to be placed upon
them. I know of no other better than a strong
Bank of the State.
Another argument in favor of its recbarter, is
the amount of taxes it saves to our citizens.
During the past year, as I have already stated,
its profits have amounted to $279,725, which, of
course, has relieved our neoiile of that amount of i
taxation. But above all other reasons why you ;
should renew its Charter, the fact that the honor1
of the State is pledged to it should have greater |
influence with you than anything else. When j
the Fire Loan Bonds were negotiated in England
by Ex-Governor McDuflie, the profits of the Bank
were pledged as a security for the payment.*
Thus it would appear that a refusal to re-charter
this Bank, at least until these bonds are liquida
ted, would involve a violation of the pledges, affect
the credit, and tarnish the honor of the State,
which every Carolinian should regard as sacred
as his own.
With; ul making a positive recommendation
on this subject, I suggest to you the propriety of
considering at this time whether it would not be
wise, under existing circumstances, to increase I
the capital of the linn It of the State. The great
increase of all kinds of business, caused by our
Railroads, calls for additional Banking Capital.
Some of the large manufacturing establishments
which have recently sprung up amongst us, have
been greatly embarrassed during the past summer
for the want of Bank accommodation. In
tact, the complaint is very general on this sub-1
ject. No doubt this state of things will produce
| applications for charters for more Hanks. Now,
j a- the Hanking system has proved so highly pro
' fitable, would it not be wise to appropriate a
large portion of it to the State, and thus in a
measure free our people from taxation.
Hut a still stronger reason for an increase, is to
give it the power of acting as a chock upon the
private Hanks. They are certainly much to he
dreaded, if left entirely uncontrolled. When the
condition of the country is prosperous, the temp
tation to expand their currency, and thus increase
their profits is almost irresistible. Such expansions
cause all kinds of property to assume a fictitious
value, and the whole countrv run ri.a in
the wildest speculations. Scenes of great distress
always follow such periods as these, and is
genernlly hastened and rendered still more terrible
by the sudden calling in of the debts, and
the contraction of the currency. In fact the
value of the nronort.v is nlmnct 4l-~
? ?- I J?J ?- UIU
mere)' of those who control the currency of the
country. An expansion always runs it far beyond
its value, and and a contraction far below.
Even the price of our great staple can be affected
by the Banks refusing to lend money freely, and
thus seriously injure the planter.
There should be some check upon this immense,
this fearful power.
See Mr. McDuffie'j letter to Col. Elmore, Bank Com
pilaticm, p. 661.
K v*
I know ihat great fears are entertained as to
the political power which a strong Bank of the
State would wield?but these are rather imaginary
than real, if you will reflect that it will be
J entirely under the control of the Legislature.?
Its officers are elected annually, and of course
- - - - ? ? '
I could be removed it iounu exeruugiy anj muuence
at variance with the true interests of the
people. All the arguments which go to establish
our fears that a corrupting influence might he cx
ercised upon the politics of the country, would
equally apply to private Banks. If there is any i
real danger of such influences from moneyed monopolies,
it is far belter that they should bo undei
the control the State. The Bank of the Slate is
directly responsible to the Legislature, while the
private Banks are* perfectly independent of it,
from the time they receive their charters, until
they expire.
If you, in your wisdom, should deein it inexpedient
to increase the capital of the Bank of the
State, so as to give it the controlling influence,
prudence requires that yon should grant no charter
to any private Bank with a capital of sufficient
size to give such influence to it. No Bank
should be chartered with a capital beyond a million
of dollars.
me J-umnnuc a^jiuin, uimuiAiiiauic n^uvu- ,
tion so creditable to tlie humanity of the Suite,
demands your special care and attention. Justice
requires that I should again report to you
not only the admirable order of its arrangement
but the devoted attention of its officers to the 1
delicate and laborious duties they are called upon 1
to perform.
Dining the past year forty-four (44) new pa- :
ticnts have been received, thirty of whom are pay
patients, and twenty-eight of those heretofore under
treatment have been dimissed, either entirely 1
cured or greatly benefitted. The buildings are
. i _ A-II i.?, T
now noi only iuii out cruwueu. ? no? |'aiuvularlv
struck with the want of room in the enclosed
grounds. They are altogether too much confined
either for the comfort of the patients, or
the degree of exercise which might conduce to
their final cure. The improvements of the age
have shown that the original buildings was impropeily
constructed, but the additions which are
hereafter made can be done in accordance with
those improvements which will greatly remedy <
the defter.
If the Legislature will grant a further appro- 1
priation, it is proposed to enclose with a wall
four acres of the lands belonging to the Asylum
on the east side of it, and erect suitable build- <
ings to accommodate the female patients. For
this purpose the Regents, Physicians and Super <
intendent ask an appropriation of thirty thousand
dollars. This will enable them better to i
provide for the reception of pay patient8, which j
will greatly relieve the State of the the burthen
of the Institution, perhaps to a sufficient extent i
i .1 1 I
even 10 re-tmourse n ior mo amumn ui mo appropriation,
as for the want of such accommodations,
many wlio are able and willing to pay
highest, are carried to other Institutions. All ]
must feel it to be the duty of a State to provide
for that unfortunate class of our fellow-creatures <
who have been deprived of reason. Yet none
can feci that duty with the degree of intensity
which their helpless and deplorable situation dc
brnno-ht inCOn- _
tact with them. I am sure, if you an could be
c-yo witnessea-fc^ their suffering*, von would feel
yourselves called upon by every consideration of ,
humanity and Christianity, to place within their J
reach all the means that science has discovered <
for their cure, and to make your Institution not ,
morelv a orison house, but reallv an Asvlum.?
" J I ? ?? -- 7 " ?/ ^ ^ f/ ^
Those who have watched this Institution with a (
paternal care, and have no interest apart from .
its good, who have carefully considered its wants, ,
ask this appropriation at your hands. 1 trust .
you will not re use it. ,
A memorial from the Directors of the South {
Carolina Institute is herewith transmitted, to j
which I invite your attention. This Institute, |
established for the encouragement of all the in- (
dustrial pursuits of the country, was incorporated
l?y an act of the Legislature in 1850. One (
fair wjis held previous to its incorporation, -md
two since that time, which have given a most (
gratifying evidence of its success in promoting
the great object for which it was established.?
When we reflect how far behind our Suite has
lieen in the great race of the improvement of the
mechanic arts, this exhibition of mechanical skill
_...i :?>u.. ,.f ?i.;?
HIIU w 1111:11 Hi*: iciim vi (,111a iimububv
have developed, must be a source of pride and
satisfaction to every one who has the real interests
of his country at heart. They have clearly
shown that there was no want of talent or energy
on the part of our mechanics, hut that it only
required some stimulant of this kind to spring
it into life. These exhibitions are common to all
those States which have been most remarkable
for'their improvements in the mechanic arts, and
limn cnnnSfArl flirt f in ?*f i/?n In ? lint f/iitniru r?f f 11. .11
IKItU IVIA-I'VU I'uitivumi VI U?*..I
Legislatures.
This Institution has boon established by the
private enterprise of its founders, to effect a great
public good ; and while it rellects credit upon
their public spirit, deserves ycur patronage.?
Since it was founded, the articles offered for ex
hibition have been so numerous that no hall can
Ik* found of sufficient capacity to contain them.
The necessity of building another has induced
! them to call upon vou for aid to construct it.
By giving this aid, you adopt tin* most enlightened
plan of encouraging ail the industrial pursuits
of the country ; but more particularly the
mechanic arts, which have heretofore been too
much neglected. Encourage your own mechanics,
by bringing the results of their talent and
enterprise into notice, and it will l>c seen that
our State will rival any other in useful improve
merits. Neglect them, and you will find that
the)' will seek some more favored region, where
their skill will be appreciated and rewarded
The Attorney Ceneral, at my request, has
drawn up a report on the subject of Prisons and
Prison Discipline, to which lie has added a report
on the Criminal law. As it contains much
valuable information, and many important suggestions,
I herewith transmit, and invite your attention
to it.
Without pretending to enter fully upon the
subject, I will state a few reasons to show there
oiiirht to he a change in the management of prisons,
and also in the manner of executions.
There is no preparation made for the separation
of the different classes of prisoners. The
youth who for the first time has been convicted
of some small offence, and upon whom the punishment
of imprisonment might have so saluta
ry an effect as to bring about his reformation, if
left alone to the workings of his own conscience,
is confined with the hardened felon, and, of course,
subjected to his pernicious influence. The debtor,
who is pel haps more unfortunate than criminal,
is herded with the felon and murderer. Good
sense, as well as justice and good taste, revolt at
this state of things.
A change ought to be tuadc in the manner of
Executions. All public executions are demoralizing
to the community, and fail to produce the
effect upon it they were intended to produce. A
morbid euriositv collects thousands together to !
witness them, and when the criminal is^rought
forth for execution, the natural sympathies of
the crowd convert hiiu into a hero or martyr.? j
Thus, much more of pity than terror is inspired
by the exhibition. Or where, by frequent recurrence,
they become familiar, from some strange
perversity of human nature, a vulgar taste is inspired
for them, which is revolting to witness. It
is a familiar fact, that during the Reign of Terror
in France, when the streets of l'aris were
flowing with the blood of innocent victims, the
populace actually clamored for more executions, when
each individual was not sure but tr.at his
head would be the next to be brought to the
guillotine. If it is intended to strike terror to
the h^art of the multitude, by witnessing executions,
the very publicity of them defeats this end.
Much more terror would be inspired by the |
knowledge, that at the tolling of a bell, or some j
other signal, a human being, within the narrow ;
compass of Jus cell, was inuncea 11110 eternity,
unsustained in his last dark moments by the
sympathies of a surrounding multitude.
If the punishment of whipping is to be continued,
that, too, were better done in private, I
doubt exceedingly, however, the propriety of this
mode of punishment under any circumstances,
Reformation of the culprit (one of the important
ends of punishment) is seldom or ever effected
by it. If one spark of good, upon which a hoj>e
of reformation can be built, is left in his heart, it
is entirely extinguished by the degradation of a
public whipping. If he is already hardened in
crime, and lost to all sense of shame, no other
effect is produced upon him beyond the physical
pain inflicted by the lash. I think that the general
feeling of our people is decidedly opposed to
1- :..l t. .... ,.t, .... It
LUIS rilUUf Ul |Mim>IIUIUUL , nv HlUVsli ClKfcb lb IO
exceedingly difficull for the Executive to resist
t!.e earnest appeals and poweiful influences
brought to bear upon him either to remit or
change it.
But I will not trespass 011 your time by pursuing
the subject further. I ineicl} wi-h to draw |
your attention to.it. This subject, together with
the revisal of our whole Criminal Code, requires
11 more careful examination than you would
probably be able to give it during a short session
of the Legtdnturc. I therefore recommend thai j
you appoint, or authorise the Governor to appoint,
a Commission, consisting ot the Attorney
General and the Solicitors, or some oth ir competent
persons, to take the whole subject of our
Criminal Law, Prisons and Prison Discipline, under
consideration, and report to the next Legislature
such changes as may be.expedient or necessary.
In this manner, all the facts and statistics
necessary to f^r.n a. correct judgment on
tin* ciibWt will be brouirlit before vbuDV those
who are most familiar with them.
By a joint resolution of the last Genera! Assembly,
I was requested to communicate with
the Governor of Georgia on the subject of the
'obstructions to commerce and intercourse be ,
tween the two States, and to take such other
steps as would lead to a full exposition and understanding
of the rights of all parties concerned
ind to a frank and friendly settlement of the j
whole mat lor On the 6th o! May I addressed j
i letter to Ills Excellency Governor Cobb, in accordance
^ith the spirit of the said j..?iiil resolution,
and ri'.juestod tin; Attorney General to look
nto the matter, and report to me what were the
legal rights of the parlies couc<-rii'd. I have re
eeivvd as yet no direct reply from Governor Cobb.
My letter to him, together with the eoirespondetice
between the Attorney General and the
Executive Secretary of Georgia?the statement
of the Attorney General, and the result of his legal
investigations of the ease embodied in the
form of a Report, are all herewith transmitted.
T think it hmvni-pr nrnnnr fn stuff* thnf tht>
question of the boundaries between the two
States has lost much of its interest at present,
since an arrangement h.-ts been made by the
President of the South Carolina Railroad Company
with the city authorities of Augusta, by which a
fice passage across the Savannah River is secured
to the Company.
I feel it my duty to call your attention to cor
tain proceedings which have grown out of the enforcement
of that law of our State, which require.-,
;ho Sheriff of Charleston to seize anu im
i.tisoii colored Seamen who are brought to that
port. You will remember that the British Consul
addressed a communication to the Legislature
in December 1850 on the subject of a modification
of this law. A Committee was appointed
by the House and Senate to report upon it at
the next session of the Legislature. These Comraittcs
reported adverse to any modification. On
the 24th of March, 1852, Manuel Percira was
imprisoned in accordance with the law alluded
to. The vessel in which he sailed was driven into
the port of Charleston in distress. This was
I _ - I 1 _ _ p I I. I _!_ . _ i
jookcu upon as a xavoraoie case upon wmcn 10
make an issue, as so strong an element of sympthy
was connected with it. Accordingly, a molion
was made before Judge Withers for a Writ
of "Habeas Corpus," which was refused by him.
These proceedings were instituted by the British
Consul, it is said, under instructions from his
finvnriim/int tnct rlin AnnQtitutmnnllv nf flu*
Act. I think it here proper to state, that Pereira
was at perfect liberty to depart at any moment
that lie could get a vessel to transport him
beyond the limits of the Sate. In truth, in consideration
of the fact that his coining into the
State was involuntary, the Sheriff of Charleston
whith his characteristic kindness, procured for
him a place in a ship about to sail for Liverpool.
Early in April Pereira was actually released and
on his way to the ship, having himself signed
the shipping articles, when, by interposition of thd
British Consul he was again consigned to the
custody of the Sheriff. A few days after this
the British Consul insisted 110 longer on his detention,
but voluntarily paid his passage to New
York. This statement of Mr. Yates, together
with the letter of the British Consul, are herewith
transmitted.
While these proceedings-were pending the
She: iff of Charleston had my instructions not to
give up the prisoner, reveu if a -writ of. Habeas
Corpus had been granted. I- considered that
the "Act of 1844*' entitled "An Act more effect- I
ually to prevent negroes and other persons of |
color from entering into the State;- and for other
purposes," made it my duty to dp so.' /' A
On the 19th of May, Reuben Roberts;, a color- m
ed seaman, a native or JNaasnu, arrived in the J
steamer, Clyde, from Baracoa. The Sheriff ot'^fl
Charleston, in conformity with tbe! laws of the
State, which lias been-in force siuce ^1823; arrested
and lodged him in the district jail, where
lie was detained until the-20th of May,; when the
Clyde being ready to sail Roberts was' put on
board, and sailed the same day. - -MmOn
the 9th of June a Writ in Trespass, for
Assault and False. Imprisonment, from the Federal
Court, was served upon Sheriff Yates, laying
the damage at $4000. . e / .
The Act of 1844, 1 take it, was intended to
prevent all interference on the part of any pow- **
er on the face of the earth with the execution of
this police regulation, which is so essential to.the_
peace and safety of our community." Had theLegislature
which passed it ever dreamed < that
the Sheriff was to be subjected to the^annoyance
r.e ,i i i.,.r.vw, *i.?
Ul UCJIIj? Uid^CU UCILFIV tuc X CULUOI VUUIt IVf *
doing liis duty under a law bt the State I am
sure it would have provided for his .protection.
As no such provision has been made for so nnex- Jt
pectcd a contingency, I recommend that you so
amend this Act of 1844, that it may meet any
case that may arise. : ,
It is certainly wrong to tolerate this'interference
with the laws enacted for the protection of.
our institution. In the general distribution of ,
power between the Federal and State .Govern- ^
inents, the right to make their own police regu-^ ,
latious was clearly reserved to the {States. In j
fact, it is nothing more nor less than the right j.
of self-preservation?a right which is above all
Constitutions, and above all laws, and one which
never was, nor never will be, abandoned by a*
people who are worthy to be free. It is a right ^
which has never yet been attempted to be denied y
to any people, except to us. "5
The complaint against this law is very strange,
find iIia tn brinrr us in conflict tfith the ***
" ??i o ? . :
General Government on account of it, is still
more remarkable, when, so far from its being at
variance with laws of the U. S. it is only reqni- i
ring the State authorities to enforce an" act of
Congress approved February 23th, 1803, entitled
an Act to prevent the importation of certain persons
into certain States, where by the lawj there- *
of their importation is prohibited."?(SeC 2d Story's
Laws U. S., page 886.) By referring to
this Act, you will see that the plitintifF-iff the action
alluded to, was prohibited by it from enter- .
ing into this State. I deem it unnecessary, however,
to enter fully into the argument."If any
doubt should be entertained by you, as to its con- .
stitutionality, I beg Wave to refer to the able J
opinion of the Hon. J. McPherson Berrien, de- ?
livered at the time he was Attorney Gefieral of 1
the United Slates, which I herewith send"you.
On the subject of the modification of this law,
I am free to say, that when Her B. Majesty's
Government, through its Consul, made a'respect-:
FuU request to our Legislature to that effect, I wa3 4
anxious that it should be made. It was with
pleasure that I transmitted Irs first- communication
to the hist Legislature. I would h/ive made
a recommendation of its modification a Rjiecial f
point in my first Message, but that I thought it
indelicate to do so, as the matter was already < ]
before the legislature, and committees had been appointed
to report upon it. Another reason for
the neglect of this recommendation was the then
excited state of party- politics, which might have
precluded the possibility of a calm consideration
of the subject. Hut for the proceedings instituted
in the premises, I would even now recora- I
mend a modification of the Taw so astoreqaire
Captains of vessels to confine their colored sea- -3
men to their vessels, and to prevent their landing
under heavy penalties, forwhilc'I think theState
has a perfect right to pass whatever laws on this subject
it may deem necessary for its safety, yet
the spirit of the age requires, that while they
should be so formed as to be adequate to our protection,
they should be at the same time ft3 little
offensive .as possible to other nations, with whom i
wo have friendly relations.
Hut since an attempt has been made to defy
our laws, and bring us in conflict with the Federal
Government, on a subject upou which we are so
justly sensitive, our owu self-respect demands that
we should not abate one jot or tittle of that law,
which was enacted to protect us from the influence
of ignorant incendiaries.
*
It gives ine pleasure to inform you that the _
Railroads of our State are rapidly progressing^
The Columbia and Charlotte Railroad, and the' *
King's Mountain Road, are completed. Althoughheavy
damages were sustained by the Greenville
Railroad from the late freshet, they will soon bo
repaired, and under the energetic management
of its President and Directors, will ere long be *>
completed. The Manchester Road.is also progressing
rapidly. Already do we see the potent
effects of these Reads in developing the resources
of the State, and springing into life the energies
of the people. The prosperity which follows in?
their track is no longer problematical, Living
witnesses of it are all around us. Yet this grani^
system, which is to bring wealth and prosperitflv^
to us, and energize into action resources which ^
were heretofore dormant, has just begun. If we \
would realize their full effects, they must be Qptondnd
until the rich commerce of themiorhtv
valleys of the West is poured into Charleston.?
This ean easily be effected, by pursuing a liberal
and enlightened policy towards them?a policy
worthy of the age in which we live. The golden
opportunity to command this trade is withimour
reach. Charters have been granted by the several
States through which it will pass for the
Blue Ridge Road, which is to cross the Rabun :
Gap, and extend through Clayton and Franklin ?
to Calhoun, where it will intersect the Knoxvillo
and Dalton Road. Through Ivnoxville a com
munication will be opened with Cincinnatti, (ss
a Charter has been granted by Tennceseo for a
Road to the Kentucky line, and a Company is
formed in Kentucky to carry it on to Cincinnati.)
A road is now in progress to connect Cfrlhoun %
with Chattanooga. From Chattanooga to Memphis,
a road has already been built, and the Chattanooga
road connects it with Nashville. A road
is also about to be made between Nashville and
Cairo. Thus you will perceive, that if the Blue -
Ridge road is built, commencing at AndersonJ
> 4n