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SOUTH CAROLINA EXPELS MR. HOAR.

181

Mayor, and explain the matter in more material provisions are as foladvance of the proposed introduction. lows: Mr. Hoar assented, and Eggleston left

“1. Be it enacted by the Senate and House. Mr. H. waiting in his office, while he of Representatives, nou met and sitting in proceeded to confer with the Mayor. General Assembly and by authority of the

same, That any person or persons who shall After a considerable absence, he re

on his, her, or their own behalf, or under turned, and stated that the Mayor any color, or in virtue of any commission was at Columbia, attending the ses

or authority from any State in this Union,

or of any foreign power, come within the sion of the Legislature, and that the | limits of this State for the purpose or with gentleman who temporarily discharg the intent to disturb, counteract, or hinder

the operation of such laws as have been or ed the duties of the officer judged it

shall be made by the public authorities of best that all further proceedings this State, in relation to slaves or free pershould await his return. This was sons of color, such person or persons shall

be deemed guilty of a high misdemeanor, assented to, and Mr. Hoar waited

and shall be committed for trial to the comthrough the next three days accord mon jail of the district, by any one of the ingly.

judges of the courts of law or equity, or the

recorder of the city of Charleston, unless Meantime, Gov. Hammond had

admitted to bail by the said judge or rereceived Mr. Hoar's letter, and com corder; and, upon due conviction thereof by municated it to the Legislature, by

any court of competent jurisdiction, shall

be sentenced to banishment from the State, which it was received in high dudg and to such fine and imprisonment as may eon. That Legislature proceeded to

be deemed fitting by the court which shall

have tried such offense. pass, by a substantially unanimous

“II. That any person within this State vote, the following resolutions : who shall at any time accept any commis

sion or authority from any State, or public

authority of any State in this Union, or from “ Resolved, 1st, That the right to exclude

any foreign power, in relation to slaves or from their territories seditious persons, or

free persons of color, and who shall commit others whose presence may be dangerous to

any overt act with intent to disturb the their peace, is essential to every independ

peace or security of this State, or with inent State.

tent to disturb, counteract, or hinder the Resolved, 2d, That free and other per-|

operation of the laws or regulations of the sons of color are not citizens of the United

public authorities of this State, made or to States, within the meaning of the Constitu

be made, in relation to slaves or free pertion, which confers upon the citizens of one

sons of color, such person shall be deemed State the privileges and immunities of citi

guilty of a misdemeanor, and, on conviction zens of the several States.

thereof, before any competent court, shall Resolved, 3d, That the emissary sent by

| be sentenced to pay, for the first offense, a the State of Massachusetts to the State of

fine not exceeding one thousand dollars, South Carolina, with the avowed purpose of

and to be imprisoned not exceeding one interfering with her institutions, and dis

year; for the second offense, he shall be turbing her peace, is to be regarded in the

imprisoned for seven years, and pay a fine character he has assumed, and to be treated

not less than one thousand dollars, or be accordingly.

banished from the State, as the court may " Resolved, 4th, That his Excellency the

see fit." Governor be requested to expel from our territory the said agent, after due notice to [The act furthermore requires that the depart; and that the Legislature will sus

Governor for the time being shall require tain the Executive authority in any meas

the aforesaid emissary or emissaries from ure it may adopt for the purpose aforesaid."

another State, or from a foreign power, to The Legislature proceeded di

depart from the limits of the State in forty

eight hours—such person or persons, negrectly thereafter to pass an act for

lecting to depart within the specified time, bidding and punishing such missions to be committed (unless admitted to bail), as that of Mr. Hoar, whereof the and to be tried and punished as before stated; and provides that the Sheriff shall | lina by Massachusetts to send an see that the sentence of banishment be exe-agent here on such business. The cuted, and imprison such offender if he re

city is highly incensed. You are in turns, unless by unavoidable accident.]

great danger, and you had better On Monday, December 2d, Mr. leave the city as soon as possible.” Hoar was, for the first time, apprised Mr. H. replied that he had been sent of the reception accorded at Colum- there by the Governor of Massachubia to his mission, and of the com setts on lawful business, and could motion it had raised. After discuss- not leave until he had at least ating the matter freely with those tempted to perform the duty imaround him, he walked out for some posed on him. The sheriff then distance, and, returning at dark to produced a letter purporting to be his hotel, he encountered three per- from the Attorney-General of South sons standing on the piazza. One Carolina, urging the avoidance of a of them stepped forward and asked, resort to lynching, as that would dis“ Is your name Hoar, Sir?” and, be grace the city, and adding that the ing answered in the affirmative, person to prevent such a procedure announced himself as follows: "I was the sheriff. That functionary am the Sheriff of Charleston Dis- declared that he should endeavor to trict, and I have some business with defend Mr. H., even at the hazard of you, Sir.” He then introduced his his own life, but doubted his ability to associates as the acting mayor and do it in view of the prevailing exciteanother alderman of the city. Mr. ment, and urged him, as a friend, to Hoar invited them to walk up into the leave at the earliest moment. Mr. H. parlor of the house. When seated, repeated his answer already given, the sheriff inquired his business in and thereupon his visitors left him. Charleston ; and was answered that The next morning, the sheriff rehe had already communicated it to turned and repeated his representathe Governor; but he stated it afresh tions and entreaties of the evening. to the sheriff, who said: “It is sus- | “What do you expect ?” he asked ; pected that you are an Abolitionist, “you can never get a verdict; and, and have come here to accomplish | if you should, the marshal would some of their measures.” After some need all the troops of the United hesitation, Mr. Hoar assured him States to enforce the judgment." that he was no Abolitionist, but had Mr. Hoar remarked that enforcing the been, for many years, a member of judgment was no part of his business, the Colonization Society. The sher- and they thereupon separated. iff intimating some suspicion that During the day, several gentleMr. Hoar was not duly accredited, men called, making representations the latter exhibited his commission substantially like the sheriff's, and from the Governor of Massachusetts, setting forth the various plans sugand gave permission to copy it, as gested for ridding the city of his also the resolves of the Legislature presence. He could only reply that on which it was founded.

| he should not voluntarily leave until The Sheriff continued: “It is con- | he had fulfilled the duty he had unsidered a great insult on South Caro- dertaken.

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DRIVING MR. DOAR OUT OF CHARLESTON.

183

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In the evening, a gentleman to | retract the offer; as what he had whom Mr. Hoar had a letter of in- proposed might thwart the purposes troduction called, and said the sher- of the State; that he had not been iff had offered, in case he would long in office, and did not know that leave, to agree on a case to be sub- there was any case which would mitted to the U. S. Circuit Court, properly present the question in and thence carried to the Supreme controversy. At all events, he could Court for final decision. To this, not abide by his agreement. He Mr. Hoar readily assented, observing added that he had information from that such an agreement would very Gov. Hammond which removed all much expedite his departure. He personal objection, but rëiterated had prepared himself, in Boston, his former remarks about the insult with the names of a number of by Massachusetts to South Carolina, colored seamen who had been taken and her determination to be rid of out of Massachusetts vessels in Mr. Hoar by some means. Charleston, and there imprisoned On leaving the sheriff's office, Mr. under the law in question, and he Hoar was proceeding to make a call, felt authorized by his commission to when he was stopped by a middlecommence a suit in the name of aged, decently-dressed man, who either of two of them. It was agreed presented a cane or club, asking, “Is that a meeting should be held at your name Hoar?” “Yes," was the the sheriff's office next morning at answer. He then said, “You had nine o'clock, for the purpose of per- better be traveling, and the sooner, fecting this arrangement. At that the better for you, I can tell you ; if hour, Mr. H. duly appeared at the you stay here until to-morrow mornsheriff's office, but found there ing, you will feel something you will neither the sheriff nor any other of not like, I am thinking.” Mr. Hoar the gentlemen who were to meet walked on, passing a number of him. Being informed by one of the young men assembled on the streetclerks that the sheriff had just corner, who offered him no molestastepped out on business, and would tion. In the evening, a Dr. Whitprobably soon return, he waited half redge, to whom Mr. Hoar had or three-quarters of an hour to no brought a letter from Boston, called purpose, and was about to leave, upon him and urged him to leave when the clerk said that, if he would the city at the earliest moment. Dr. name a future hour when he would W. had been around the city, had be there, he would inform the sheriff, just come from the Council, and reso that he might meet him. He garded the danger to Mr. H. as not named twelve o'clock, and, return- only great, but imminent. But a ing at that time, found the sheriff. word was needed to bring on the That personage now admitted that meditated attack. Yet he thought the gentleman who had conferred Mr. Hoar, should he start at once, with Mr. H. the evening previous might get safely out of the city. He had correctly represented his pro- urged him to procure a carriage, and posal; but said, that, on further re- go to his (W.'s) plantation, about flection and consultation, he must twenty miles distant, where he would

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be hospitably treated. Mr. Hoar ing without exposing whoever shelthanked him, but concluded that he tered him to annoyance, if not peril, could not accept his offer, but must created a fresh embarrassment. At remain, and abide the consequences. this moment, a waiter informed Mr.

The following night passed with Hoar that some gentlemen wished to out any disturbance. The next day see him in the hall. He descended, at noon, three leading citizens of and found there the bank-president Charleston, two of them eminent and his associates surrounded by a lawyers, and the third a president of considerable bevy, with an assemone of the city banks, called on Mr. blage about the door, on the piazza, H. for the first time, and gave their and in the street, where a number of names, saying they had come to see | carriages were in waiting. The presiif they could not induce him to leave dent announced that they were there the city. After the usual appeals on to conduct him to the boat. Mr. the one side and replies on the other Hoar now stated that there was a rehad consumed half an hour, the bank | port in circulation that he had conpresident gave Mr. H. notice that a sented to leave the city, which was number of gentlemen would call on not true. If he left, it would be not him at two o'clock and conduct him because he would, but because he to the boat. Mr. H. responded that must. The bank-president remarked he would be found there; that he did that there was a misunderstanding; not propose to fight a whole city, and that he had understood that Mr. was too old to run, so that they could Hoar had consented to leave for do with him as they thought proper. the sake of preserving (or restoring] He added that he had a daughter the peace of the city ; but that, if he with him; on which the bank presi- refused, they had no power to order dent observed, “It is that which cre him away; all they could do was to ates (or created] our embarrassment.” warn him of the consequences of reThey left him about one o'clock. maining. Mr. H. repeated his lan

Mr. H. and his daughter now pre guage at the preceding interview, pared for their departure, and waited which the president did not deny to from two till three o'clock, but no be accurate, but said that he had one came. He afterward learned understood Mr. H. as consenting to that an accident had prevented the leave. arrival of the boat at the usual hour. Hereupon, several of the party uniThe next day at noon, Dr. Whitredge ted in urging his departure at once, called and informed Mr. H. that the saying it was impossible that he keeper of the hotel had requested should remain, and that the purpose the city government to take measures of his mission could not be effected. to remove Mr. H. from his house, in Among these, were two to whom order to preserve it from the impend- he had been specially commended. ing danger. He had never intimated Finding that he had but the choice such a request to Mr. Hoar, nor any between walking to the carriage and thing approaching it. But the fact being dragged to it, Mr. Hóar paid that his host wished to get rid of him, his bill at the hotel, called down his and that he could find no other lodg- daughter from her room, and en

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ANNEXATION CONSUMMATED BY TEXAS.

185

tered with her the carriage pointed the rights, while protecting the libout to him, and one of the crowd or- erties, of her free citizens, as guarandered the coachman to drive on. He teed by the Constitution of the United was thus taken to the boat, which | States. Massachusetts proposed no was very soon bearing him on his appeal to her own courts, no reliance homeward way. Mr. Hoar, in closing on her own views of constitutional the official report of his visit to and right and duty, but an arbitration expulsion from South Carolina, asked before, and a judgment by, the trithe following portentous questions: bunals of the Union, specially cloth

“Has the Constitution of the United States ed by our Federal pact with juristhe least practical validity or binding force

diction over 6 all cases in law and in South Carolina, except where she thinks its operation favorable to her? She prohib

equity arising under this Constituits the trial of an action in the tribunals tion.” Here was the precise case established under the Constitution for deter

meditated-a complaint by one State mining such cases, in which a citizen of Massachusetts complains that a citizen of that the rights and liberties of her South Carolina had done him an injury; citizens were subverted by the legissaying that she has herself already tried that cause, and decided against the plain

lation of a sister State ; here was the tiff. She prohibits, not only by her mobs, tribunal created by the Constitution but by her Legislature, the residence of a for the trial of such issues South free white citizen of Massachusetts within the limits of South Carolina, whenever she Carolina repudiated its jurisdiction, thinks his presence there inconsistent with as she had previously, with regard to her policy. Are the other States of the Union to be regarded as the conquered

the Tariff, repudiated the authority provinces of South Carolina ?”

of Congress, or any other that should Such was the mannerin which South contravene her own sovereign will. Carolina, with the hearty approval of When we are told that the North her slaveholding sisters, received failed, some years later, to evince sufand repelled the attempt of Mas- ficient alacrity in slave-catching, let sachusetts to determine and enforce | these facts be freshly remembered.

XIV. THE WILMOT PROVISO. MR. Polk succeeded Mr. Tyler as doubtless gratified to find his prePresident of the United States, destined work, in which he had exMarch 4, 1845. No change in the pected to encounter some impedipolicy of the former with regard to ments at the hands of Northern Annexation was made, or, with rea- members of his own party, so nearly son, expected. The agent so hastily completed to his hand. On the 18th dispatched to Texas by Mr. Tyler to of June, joint resolutions, giving speed the consummation of the de- their final consent to Annexation, creed union, was not, of course, passed both Houses of the Congress recalled. The new President was I of Texas by a unanimous vote; and

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