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tution,' creating and upholding the people. In the Annexation of Texas, title to a species of property valued and in the reasons officially adduced at Four Thousand Millions of dollars, therefor, it challenged the regard of could hardly fail to make itself re- mankind and defied the consciences spected and influential in every de- of our own citizens as a great Napartment of the public service, and tional interest, to the protection of through every act of the Federal which, at all hazards and under all authorities calculated to affect its circumstances, our Government was stability, its prosperity, or its power. inflexibly committed, and with whose

But, up to this time, Slavery had fortunes those of our country were sought and obtained the protection inextricably blended. For the first and championship of the Federal time, our Union stood before the Government expressly as a domestic nations, not merely as an upholder, institution—as an important interest but as a zealous, unscrupulous propaof a certain portion of the American gandist of Human Slavery.



THE Federal Constitution (Art. When this Article was under coniv. $ 2) provides that “The citizens sideration, the delegates from South “of each State shall be entitled to all Carolina moved to amend by insert“ the privileges and immunities of ing the word white” between “ citizens in the several States." “ free" and "inhabitants;" which

This is plainly condensed from the was emphatically negatived ---- only corresponding provision of the Arti- two States voting for it: so it was cles of Confederation, adopted in determined that States had, or might 1778, and thenceforth our bond of have, citizens who were not “white," Union, until superseded in 1787-8 and that these should be entitled to by the Federal Constitution afore all the privileges of citizens in every said. That provision is as follows: other State.

"Art. 4. The better to secure and per We have seen' that Congress, in petuate mutual friendship and intercourse among the people of the different states in 1821, resisted the attempt of Misthe Union, the free inhabitants of each souri to prohibit the immigration State - paupers, vagabonds, and fugitives of free colored persons, deeming it a

be to all the privileges and immunities of free palpable violation of that requirecitizens in the several States; and the peo- ment of the Federal Constitution ple of each State shall have free ingress and ogress to and from any other State, and above quoted; and would not adshall enjoy therein all the privileges of trade mit that State into the Union until, and commerce, subject to the same duties, impositions, and restrictions, as the inhab- by a second compromise, she was reitants thereof respectively.”

quired to pledge herself that her 1 Page 80.



Legislature should pass no act "by North Carolina allowed her free "which any of the citizens of either negroes, who possessed the requisite “ of the States should be excluded qualifications in other respects, to

from the enjoyment of the privi- vote, regardless of their color, down “leges and immunities to which they to about 1830. Their habit of vot

are entitled under the Constitution ing for the Federal or Whig candi“of the United States.” There was dates, and against the Democratic, no question pending, no proscription was a subject of frequent and jocular or exelusion meditated, but that af- remark—the Whigs insisting that fecting colored persons only; and the instincts of the negro impelled Congress, by the above action, clear- him uniformly to associate, so far as ly affirmed their right, when citizens practicable, with the more gentleof any State, to the privileges and manly portion of the white race. immunities of citizens in all other In the year 1835,' the Legislature States.

of South Carolina saw fit to pass an The assumption that negroes are act, whereby any and every colored not, and cannot be, citizens, is abund-person found on board of any vessel antly refuted by the action of several entering one of her ports was to be of the Slave States themselves. Till forthwith seized by her municipal within a recent period, free negroes officers, and lodged in jail; there to were not merely citizens, but electors, remain until the vessel should be of those States—which all citizens cleared for departure, when said are not, or need not be. John Bell, colored person or persons should be when first elected to Congress, in restored to said vessel, on payment 1827, running out Felix Grundy, re- of the cost and charges of arrest, deceived the votes of several colored tention, and subsistence." electors, and used, long after, to con This act necessarily bore with fess his obligation to them.

great hardship on the colored sea9 December 19th

in every such case it shall be the duty of the

sheriff aforesaid, immediately on the apprehen*The following is a portion of the act in ques

sion of any free negro or person of color, to tion:

cause said captain to enter into a recognizance, " II. And be it further enacted by the authority with good and sufficient security, in the sum of aforesaid, That it shall not be lawful for any one thousand dollars, for such free negro or free negro, or person of color, to come into this slave so brought into this State, that he will State, on board any vessel, as a cook, steward, comply with the requisitions of this act; and or mariner, or in any other employment on that, on his neglect, or refusal, or disability to board such vesscl; and, in case any vessel shall do the same, he shall be compelled by the shearrive in any port or harbor of this State, from riff aforesaid to haul said vessel into the stream, any other State or foreign port, having on board one hundred yards distant from the shore, and any free negro or person of color, employed on remain until said vessel shall proceed to sea. board such vessel as a cook, steward, or mari And if said vessel shall not be hauled off from nor, or in any other employment, it shall be the the shore as aforesaid on the order of the sheriff duty of the sheriff of the district in which such aforesaid, the captain or commanding officer of port or harbor is situated, immediately on the said vessel shall be indicted therefor, and, on arrival of such vessel, to apprehend such free conviction, forfeit and pay one thousand dollars, negro or person of color, so arriving contrary to and suffer imprisonment not exceeding six this Act, and to confine him or her closely in months. jail, until such vessel shall be hauled off from "III. And be it further enacted by the authority the wharf, and ready to proceed to sea. And aforesaid, That whenever any free negro or per. that, when said vessel is ready to sail, the cap son of color shall be apprehended or committed tain of the said vessel shall be bound to carry to jail, as having arrived in any vessel in the away sach free negro or person of color, and to capacity of cook, steward, mariner, or otherwise, pay the expenses of his or her detention. And contrary to this Act, it shall be the duty of the

men, cooks, etc., of Northern vessels the fact, and stating the purpose of trading to Charleston. Massachu- his mission to be," the collecting setts, therefore, at length resolved, and transmission of accurate informathrough the action of her Legislation respecting the number and the ture, to test its constitutionality by names of citizens of Massachusetts, instituting legal proceedings, which who have heretofore been, or may should bring it ultimately to an ad be, during the period of the engagejudication by the Supreme Court of ment of the agent, imprisoned withthe United States. To this end, out the allegation of any crime." Gov. Briggs appointed Hon. Sam- He further stated that he was auuel Hoar-one of her most emi- thorized to bring and prosecute one nent and venerable citizens, who had or more suits in behalf of any citizen served her with honor in many im so imprisoned, for the purpose of portant trusts, including a seat in having the legality of such imprisonCongress—to proceed to Charleston, ment tried and determined in the and there institute the necessary pro- Supreme Court of the United States. ceedings, in order to bring the mat The next morning, Mr. Hoar callter to judgment. Mr. Hoar accepted ed on Mr. Eggleston, who had been this new duty, and left home accord appointed to the same agency before ingly in November, 1844, for Charles- him, and requested of him an introton; reaching that city on the 28th duction to the Mayor of Charleston, of that month. So utterly unsuspect- his object being to procure access to ing was he of giving offense, or pro- the records of orders or sentences, voking violence, that his young under which citizens of Massachudaughter accompanied him.

setts, it was understood, had been On the day of his arrival, Mr. imprisoned. Mr. Eggleston acceded Hoar addressed a letter to the Gov- to his request, but said it would be ernor of South Carolina,' announcing best that he should first see the

land or by water, after having been warned as aforesaid, shall be dealt with as the first section of this Act directs in regard to persons of color, who shall migrate, or be brought into this State."

sheriff, during the confinement in jail of such free negro or person of color, to call upon some justice of the peace or quorum, to warn such free negro or person of color never to enter the said State after he shall have departed therefrom, and such justice of the peace, or quorum, shall, at the time of warning such free negro, or person of color, insert his or her name in a book, to be provided for that purpose by the sheriff, and shall therein specify his or her age, occupation, hight, and distinguishing marks; which book shall be good and sufficient evidence to such warning; and said book shall be a public record, and be subject and open to the examination of all persons who may make application to the clerk of the court of general sessions, in whose office it shall be deposited. And such justice shall receive the sum of two dollars, payable by the captain of the vessel in which said free negro or person of color shall be introduced into this State, for the services rendered in making said entry. And every free negro, or person of color, who shall not depart the State, in case of the captain refusing or neglecting to

him or her away, or, having departed, shall again enter into the limits of this state, by

It may be as well to add that the penalty of the first section referred to, is corporal punishment for the first offense: "and if, after said sentence or punishment, such free negro or person of color shall still remain in the State longer than the time allowed, or, having left the Slate, shall thereafter return to the same, upon proof and conviction thereof before a court, to be constituted as hereinbefore directed, he or she shall be appropriated and applied, one half thereof to the use of the State, and the other half to the use of the informer."

4 Resolves of March 24, 1843, and March 16, 1844.

5 Hon. James H. Hammond, since distinguished as a U. S. Senator.



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

). 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 After a considerable absence, he re

same, That any person or persons who shall

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 ed the duties of the officer judged it shall be made by the public authorities of

as best that all further proceedings this State, in relation to slaves or free per. should await his return. This was

sons of color, such person or persons shall assented to, and Mr. Hoar waited and shall be committed for

trial to the com

be deemed guilty of a high misdemeanor, through 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 be sentenced to banishment from the State,

any court of competent jurisdiction, shall 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. paes, 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 Resolved, 1st, That the right to exclude authority of any State in this Union, or from from their territories seditious persons, or

any foreign power, in relation to slaves or others whose presence may be dangerous to

free persons of color, and who shall commit

any overt act with intent to disturb the their peace, is essential to every independ peace or security of this State, or with in. ent State. "Resolved, 22, That free and other per operation of the laws or regulations of the

tent to disturb, connteract, or hinder the Kons of color are not citizens of the United public authorities of this state, made or to States, within the meaning of the Constitution, which confers upon the citizens of one

be made, in relation to slaves or free perSiate the privileges and immunities of citi- guilty of a misdemeanor, and, on conviction

sons of color, such person shall be deemed tens of the several States. "Resolted, 3d, That the emissary sent by be sentenced to pay, for the first offense, &

thereof, before any competent court, shall the State of Massachusetts to the State of Bouth Carolina, with the avowed purpose of

fine not exceeding one thousand dollars, interfering with her institutions, and dis

and to be imprisoned not exceeding one

year; for the second offense, he shall be turting her peace, is to be regarded in the character he has assumed, and to be treated imprisoned for seven years, and pay a fine Bccordingly.

not less than one thousand dollars, or be

banished from the State, as the court may * Resolted, 4th, That his Excellency the 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, aze it may adopt for the purpose


the aforesaid emissary or emissaries from

another State, or from a foreign power, to The Legislature proceeded di- depart from the limits

of the State in fortyrectly thereafter to pass an act for

eight hours—such person or persons, nego

lecting to depart within the specified time, bidding and punishing such missions to be committed (unless admitted to bail), 25 that of Mr. Hoar, whereof the and to be tried and punished as before

see fit."

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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