Journal of the Senate of the State of South Carolina...JOURNAL, or THEENATE S orBIT STATEF O SOUTH-CA ROLINA. MONDAY,OVEMBERN 25, 1844. Generalssembly A of the Stateof South-Carolina,

JOURNAL

THE SENATE

STATE OF SOUTH-CAROLINA,

•EMS THE

ANNUAL SESSION OF 184*.

COLUMBIA, 8. C,

A* H. PEMBERTON, STATE PRINTER.

1M4U

JOURNAL,

or

THE SENATE

or TBI

STATE OF SOUTH- C A ROLIN A.

MONDAY, NOVEMBER 25, 1844.

General Assembly of the State of South-Carolina, begun and held at Co

lumbia, on the twenty-fifth day of November, in the year of our Lord one

thousand eight hundred and forty-four, being the fourth Monday in Novem

ber, the day fixed for the meeting of the General Assembly.

The Members of the Senate assembled in the Senate Chamber in the Cap

itol, at 12 o'clock, meridian, and on motion of the Hon. F. L MOSES, Senator

from Claremont, the Hon. H. H. THOMSON, Senator from Spartanburg, was

called to the Chair. The roll was then called, and the following Senators

answered to their names :

W. M. MURRAY,

F. I. Moses,

Angus Patterson,

L. F. Rhame,

C. R. Thomson,

H. H. Thomson,

David Walker,

H. C. Young.

proceeded to call the Election Districts and Parishes,

and the members elect presented their credentials, the constitutional oath was

administered, and they took their seats, as follow :

Wm. Aiken,

R. F. W. Allston,

W . J. Bufobd,

William Cain,

J. E. David,

Robeht Elfe,

Alex. Evins,

James Gregg,

The Clerk then

N. R. Eaves,

G. W. Daroan,

Jno. Buchanan,

B. F. Perry,

Joel B. Skipper,

Wm. McWillie,

Lemuel Boozer,

B. K. Henagan,

J. P. Neel,

J. M. Felder,

William Mellard,

John Blake,

Jeremiah Fickling,

Josiah D. Johnson,

Ker Boyce,

Wm. H. Gist,

T. L. Gourdin,

I. D. Witherspoon,

from Chester,

do. Darlington,

do. Fairfield,

do. Greenville,

do. Horry,

do. Kershaw,

do. Lexington,

do. Marion,

do. Newberry.

Orange.

St. James, Goose Creek.

St. James, Santee.

St. Luke's.

St. Peter's.

St. Phillip's and St. Michael':

Union,

do. St. Stephen's,

do. York.

do.

do.

do.

do.

do.

do.

do.

4 SENATE, MONDAY, NOVEMBER 25, 1844.

The Hon. ANGUS PATTERSON announced that in consequence of the

death of the former Senator from St. George, Dorchester, and the resigna

tion of the Senator for Edgfield, he had issued writs of election to supply the

vacancies.

The Hon. F. W. PICKENS, Senator elect from Edgefield, and the Hon.

M. T. APPLEBY, Senator elect from St. George, Dorchester, appeared

at the Clerk's desk, presented their credentials, the constitutional oaths were

administered, and they took their seats.

Upon calling for the Senator elect for Christ Church to attend at the

Clerk's desk, A. Hibben and James S. Rhett presented papers from tho

Managers, each claiming to be entitled to the seat. The credentials were

ordered to lie on the table, and the Senate proceeded to complete its organi.

zation.

The Senate ballotted for President, and upon counting the votes, it appear,

edthat the Hon. ANGUS PATTERSON, Senator from Barnwell, and foi-

mer President, was duly re-elected. Messrs. Botce, Moses, and Withbr-

spoon were appointed a Committee to wait on the President elect, and inform

him of his election, and conduct him to the Chair.

The PRESIDENT took the Chair, and addressed the Senate as follows :

Gentlemen : Accept my thanks for being again called to preside over

your deliberations, and the assurance that my efforts, in the discharge of the

duties of the Chair, will be directed exclusively to the advancement of the

objects for which we are convened. The conduct of the Chair will, I trust,

be found to be courteous and respectful, and at the same time firm and im

partial.

We have met, Gentlemen, under very peculiar circumstances, for which we

have reason to congratulate ourselves, and those whom we represent. Whi'e

the Legislative bodies of the other States of the Union, and of the General

Government, are agitated, distracted and embarrassed by party dissensions,

we are prepared to act on all questions of State and Federal policy with un

paralleled unanimity. That this state of things may long continue, must be

the ardent desire of every patriot. That no measure calculated to interrupt

or disturb the harmony that at present so happily prevails throughout the

State, will originate in this body, is, we may trust, certain.

In conducting your deliberations, and in giving expression to the will of

the Legislature, you will have the zealous, and, so far as I am capable, the ef

ficient co-operation of the Chair. With this assurance, Gentlemen, you have

my grateful acknowledgments for the honor conferred on me.

The Senate proceeded with the election of officers, which terminated as

follows :

WM. E. MARTIN, Clerk.

JOHN T. GOODWYN, Reading Clerk.

J. D- GAILLARD, Messenger.

J. B. FULTON, Door.Keeper.

A Message was sent to the House ofRepresentatives, informing that House

that the Senate had met and formed a quorum, and had elected the Hon.

Angus Patterson, President, Wm. E. Martin, Clerk, John T. Good-

wyn, Reading Clerk, and was ready to proceed to business.

On motion of Mr. WITHERSPOON, a Committee was appointed to wai

on His Excellency the Governor, and inform him that the Senate had met,

formed a quorum, and was ready to receive any communication from him.

Messrs. Witherspoon and Moses were appointed the Committee, and Mr.

SENATE, MONDAY, NOVEMBER 25, 1844. 5

Witherspoon, from the Committee, reported that they had discharged this

duty, and that His Excellency would communicate with the Senate at the hour

of 12 d'clock to-morrow.

On motion of Mr. McVVILLIE, it was referred to a Special Committee to

report rules for the government of thie Senate. Messrs. Mc Willie,

Dargan aud Gregg were appointed the Committee.

The returns of the Managers of elections for Christ Church parish were

called from the table. Mr. BOOZER moved that the claimants for the seat

be permitted to be heard before the Senate in person, or by counsel, and the

motion was decided in the negative. The Senate determined that Andrew

Hibben should take the oaths, and the same was done accordingly.

The PRESIDENT laid before the Senate the report of the Clerk of the

Senate, submitting proposals for the public printing, which was referred to a

Special Comnittee, consisting of Messrs. H. H. Thomson, Moses and

Perry, and a Message was sent to the House of Representatives, asking the

appointment of a similar Committee to meet the Committee of the Senate.

On motion of Mr. EVINS, it was Ordered, that when the Senate adjourns,

it shall stand adjourned to meet to morrow at eleven o'clock.

On motion of Mr. MOSES, the Senate adjourned.

TUESDAY, NOVEMBER 26, 1844.

The Senate met at eleven o'clock, pursuant to adjournment.

The CLERK read the Journal of the Proceedings of yesterday.

The Hon. JOHN RIVERS, Senator elect from St. Andrew's Parish, ap

peared at the Clerk's desk, and . presented his credentials ; the oath was ad

ministered, and he took his seat.

On motion of Mr. McWILLIE, the Senate granted leave to Mr. Ful

ton to employ Dr. Ogier as Assistant Door Keeper.

The PRESIDENT announced the Standing Committees of the Senate as

follow :

On Privileges and Elections :

Messrs. McWillie, Gregg, Evins, Murray, and Young.

On Federal Relations :

Messrs. Dargan, Allston, Witherspoon, Pickens and Henagan.

On Finance and Banks :

Messrs. Perry, Felder, Boyce, Fickling, and Arnold.

On the Judiciary:

Messrs. Moses, Gregg, Dargan, Pickens, and Gist.

On Accounts and Vacant Offices:

Messrs. H. H. Thomson, Walker, Skipper, and Neel.

On Claims and Grievances:

Messrs. De Treville, C. R. Thomson, Blake, and Hibben.

On the Military and Pensions :

Messrs. Buchanan, Hannar Rivers, Frampton, and Mellard.

On Incorporations and Engrossed Acts :

Messrs. Young, Elfe, David and Gist.

6 SENATE, TUESDAY, NOVEMBER 26, 1844.

On the College, Education, and Religion :

Messrs. Allston, Cain, Gregg, and Eaves.

On Agriculture and Internal Improvements :

Messrs. Boozer, Ward, Murray, Rhame, and Huey.

On Roads and Buildings :

Messrs. Witherspoon, Gourdin, Aiken, Washington, and Johnson.

On the Lunatic Asylum aud Medical Accmnts :

Messrs. Fickling, Buford, Evins, and Henagan.

On the Legislative Library :

Messrs. Gregg, McWillie, and Hibben.

Mr. McWILLIE, from the Committee on Rules, presented a Report, re-

commending that the Rules of the former Senate be adopted for the govern,

ment of this body, and the Report was agreed to.

Mr. MURRAY offered a Resolution providing that the Committee on, the

Military and Pensions, do inquire into the expediency of forming an Indepen

dent Battallion from companies now attached to the 13th Regiment South-

Carolina Militia ; which was agreed to.

The Senate granted leave to Mr. Evins to withdraw from the files of the

Senate the papers relating to the execution of a slave, the property of the

Hon. Jno. B. O'Neall.

The following Messages were read from the House of Representatives :

In the House of Representatives, Q5th Nov., 1844.

Mr. President and Gentlemen of the Senate :

The House inform the Senate that they have met, and formed a quorum,

have elected the Hon. WM. F. COLCOCK Speaker, Thomas W. Glover

Clerk, and A. C. Spain Reading Clerk, and are ready to proceed to business.

By order of the House.

W. F. COLCOCK, Speaker.

In the House of Representatives, Nov. 26, 1844.


The House concur in the Message of the Senate referring the Proposals

for the Public Printing to a Joint Committee, and have appointed the Com.

mittee on Public Printing in this House, consisting of Messrs. W. Gilmore

Simms, W. F. De Saussure, R. W. Seymour, W. D. Porter, Tandy Wal

ker, Edward Harleston, and S. Fair, a Committee on the part of the

House, to meet the Committee of the Senate on that subject.


WM. F. COLCOCK, Speaker.

Mr. McWILLIE presented the petition of the Vestry and Wardens of

Grace Church, Camden, praying renewal ofcharter.

Mr. BUFORD presented the petition of Cleland Belin, praying that Black

Mingo Baptist Church maybe incorporated.

M r. MOSES presented the petition of the Charleston Baptist Association

praying incorporation ; and

Mr. ELFE presented the memorial of the Charleston Library Society,

praying an amendment of its charter ; all of which were referred to the Com.

mittee on Incorporations and Engrossed Acts.

SENATE, TUESDAY, NOVEMBER 26, 1844. 7

Mr. PICKENS presented the Memorial of sundry citizens of St. Li'ke'a

Parish, protesting against the return of the Managers of Elections in the

election for Senator for that Parish, and praying a new election therefor ;

which was referred to the Committee on Privileges and Elections.

Mr. EAVES presented the petition of sundry citizens of Barnwell District,

praying compensation to Dr. J. E. Bignon for assisting in the chemical de

tection of aisenic in a case of alleged murder, which was referred to the

Committee on the Lunatic Asylum and Medical Accounts.

Mr. ELFE presented the petition of Frances Rivers, praying to be al

lowed the amount of pension due her deceased mother : which was referred

to the Committee on the Military and Pensions.

Mr. WITHERSPOON presented the petition of C. O. Daniel, praying to

be refunded certain money paid into the Treasury, and also the Petition of

C. O. Daniel, praying to be refunded a double tax : which were referred to

the Committee on Finance and Banks.

Mr. HENAGAN presented the Petition of the Commissioners of Little

Pedee River, praying an appropriation for that River : which was referred to

the Committee on Agriculture and Internal Improvements.

Mr. McWILLIE presented the Memorial of the State Agricultural Socie

ty of South Carolina, asking a continuance of the Geological and A gricultural

survey : which was referred to the same Committee ; and also the Petition

of the Wateree Agricultural Society, praying a Geological and Mineralogical

survey of the State : which was referred to the same Committee.

Mr. FICKLING presented the petition of W. A. Murcock, praying for

the Charter of the Beaufort Ferry ; and

Mr. MOSES presented the Petition of the Commissioners of Roads for

Salem County, Sumter District, for the appointment of an additional Com

missioner.

Mr. AIKEN presented the Petition of sundry citizens and residents of

Charleston Neck, praying to be empowered to build a Bridge for the public

use over a Creek at the Northern extremity of Washington street : and

Mr. WALKER presented the Petition of James White, Trustee of Erne-

line Walkington, praying for a Charter of Jacksonboro' Ferry; and also the

Petition of Dr. E. Witsell, praying for the Charter of Jacksonboro' Ferry;

and

Mr. BUFORDJpresented the Petition of William Staggers, for the Charter

of Murray's Ferry, over Santee River.

Mr. FICKLING presented the Petition of sundry citizens of St. Luke's

Parish, praying the repeil or modification of the 14th section of the Road

Law, passed in December, 1843.

Mr. MURRAY presented the Petition of G. W. Seabrook, praying to be

exempted from working on New Town Cut.

Mr. PICKENS presented the petition of J. Terry, praying that the State

will release its reversionary interest in a lot in the town of Edgefield ; all

of which were referred to the Committee on Roads and Buildings.

Mr. WALKER presented the petition of Jacob Folk, Jr., and James S.

Walker, praying compensation for attending as witnesses in the Saint Barthol

omew's election.

Mr. AIKEN presented the petition of G. B. Locke, praying payment for

provisions furnished to the Citadel and Magazine Guard at Charleston.

Mr. AIKEN presented the petition of James L. Gantt, praying compen

sation for services rendered as Librarian of the Appeal Court Library in

Charleston.


Mr. WITHERSPOON presented the account of John E. Grist, for print-

ing done for the State.

Mr. BUFORD presented the petition of R. G. Ferrell, praying to be re

funded certain money advanced for Jury tickets ; and also the petition ofJohn

Davis and Orpha Davis, praying compensation for services rendered by the

said John Davis and the husband of Orpha Davis, in capturing certain offen

ders against the laws.

Mr. EAVES presented the petition of James Adams, praying to have re

funded to him money paid for land which has, since the payment, been

sold by the State.

Mr. WITHERSPOON presented the petition of John E. Grist, praying to

b e paid for advertising a runaway slave.

Mr. H. H. JOHNSON presented the petition of the McBrideville Band for

compensation for services rendered to the 9th and 10th Brigade of South Car

olina Militia ; all of which were referred to the Committee on Claims and

Grievances.

Mr. MOSES submitted the Presentment of the Grand Jury of Sumter

District, Spring Term, 1844, which was read, and was referred to the Com

mittee on the Judiciary.

Mr. BOYCE presented the petition of the Pilots of the Bar and Harbor

of Charleston, praying exemption from Jury duty ; which was referred to the

sarne Committee.

Mr. MOSES submitted the Presentment of the Grand Jury for Sumter

District, Fall Term, 1844 ; which was referred to the sime Committee.

Mr. BUFORD submitted the Presentment of the Grand Jury of Williams

burg, Fall Term, 1844 : which was read and was referred to the Committee

on the Judiciary.

Mr. BOYCE submitted the Recommendation of the Grand Jury of Charles

ton Fall Term, 1844 : which was read and was referred to the same Com-

mtttee.

Mr. McWILLIE submitted the Presentment of the Grand Jury of Ker

shaw District, Spring Term, 1844, and Fall Term, 1844 : which were read

and were referred to the Committee on the Judiciary.

Returns for the Commissioners of Free Schools for the year 1844, were

presented by

Mr. Moses, for Claremont.

Mr. Buford, " Williamsburg.

Mr. Walker, " St. Bartholomew's.

Mr. Fickling, " St. Luke's.

Mr. Young, " Laurens.

Mr. Gourbin, " St. Stephen's.

Mr. Hibben, " Christ Church.

Mr. Boozer, " Lexington.

Mr. Boyce, " St. Philip's and St. Michael's.

Mr. Eaves, " Chester:

And they were referred to the Committee on the College, Education and

Religion.

At the hour of 12 o'clock, His Excellency the Governor communicated

to the Senate the following Message, No. 1 ; which was read, and ordered

to be printed, and to be made the special order ot the day for Thursday next,

at 1 o'clock.

SENATE, TUESDAY, NOVEMBER 26, 1844.9

EXECUTIVE DEPARTMENT, >

Columbia, November 26, 1844. }

Gentlemen of the Senate

and House of Representatives :

In my last annual Message to your predecessors, I congratulated them

on the apparent dawn of a new era in our prosperity, which I hoped might

be permanent. The currency had reached, and I am happy to say, has con

tinued to maintain a sound condition. Commerce, trade, and manufactures,

were flourishing, as they yet flourish in most parts of the civilized world; and

it was natural to suppose that agriculture must also revive. But we have

been disappointed. Against the pressure of laws everywhere adopted to en

courage manufactures, agriculture seems destined to struggle in vain. And

as these laws are chiefly directed against the manufacturing supremacy of

England, they fall with peculiar weight upon that great agricultural staple

on which our prosperity depends. The price of cotton throughout the world

is, and must for our time, in all probability, continue to be regulated by the

price in Liverpool. Its value in that market depends upon the condition

of the cotton mrnufacturers in England ; and the tariff laws of other coun

tries, which check the foreign demand for English cotton goods, must neces

sarily lower the price of the raw material in Liverpool, while it rises nowhere

else; but on the contrary falls everywhere with the fall in that great mart,

through which passes two-thirds of the crop of the whole world. No matter,

then, where cotton manufactures flourish, unless they flourish in England cotton

cannot bear a fair price ; and every attempt to build them up artificially else

where, is at the immediate cost of the cotton grower. Did they naturally spring

up under a system of universal free trade, and in wholesome competition with

England, they would indicate an actual increase of consumption, and prove

highly beneficial to us. But tariff laws, though they may alter the channels

of trade, and in doing so produce, as they invariably do, much mischief, have

no power to increase consumption. On the contrary, by increasing the man

ufacturers prices where they are in force, they necessarily diminish it, and

thereby depreciate the raw material. Such laws may take from one and be-

stow upon another, to the injury of (he whole, but they cannot create wealth.

How long the present state of things will continue, and in what it will termi-

nale, cannot be foreseen ; but the fact appears to be clearly established, for

the first time in the history of the world, that by the skill of political jugglery,

trade, commerce, and manufactures may be made to flourish, and a sound

currency exist, while agriculture, the acknowledged mother of them all, and

particularly that branch of agriculture which furnishes them with their life-

blood, is sunk to the lowest point of depression.

The income of the State, from all sources, during the past year, amounts

to three hundred and six thousand eight hundred and thirty-one dollars

and sixty-three cents ($306,831 63.) The expenditures during the same

period have reached the sum of three hundred and forty-seven thousand seven

hundred and four dollars and sixty-three cents ($347,704 63 ; of which, how

ever, fifty-six thousand four hundred and eighty-three dollars and seventy-

three cents ($56,483 73) have been applied to the reduction of the principal

of the public debt. The current income has therefore exceeded the ordinary

expenses of the State, by the sum of fifteen thousand six hundred and ten

dollars and twenty-three cents ($15,610 73.) The balance in the Treasury

at the close of the year (a portion of it, however, subject to undrawn appropria.

tions) amounted to seventy thousand five hundred and six dollars and fifty

10SENATE, TUESDAY, NOVEMBER 26, 1844.

nine cents, ($70,506 59,) to which may be added about eight thousand dol-

lars,being the unexpended balance of the contingent funds placed in the hands

of the Executive.

The direct taxes levied and collected for the use of the State, amounted this

year to two hundred and seventy-seven thousand five hundred and sixty.two

dollars and forty cents ($277,562 40.) And during the same period there

has been also collected from the people the additional sum of one hundred and

one thousand four hundred and twenty-eight dollars and ninety-two cents

($101,428 92;) and during the year 1843, one hundred and three thousand

seven hundred and twenty-nine dollars and ninety-two cents, ($103,729 92.)

or about an average of thirty-seven per cent, of the State taxes annually, which

has been assessed by the Commissioners of the Poor, of Public Buildings, and

of Roads and Bridges, in the different Districts, I have had accurate ac

counts kept of the taxes thus levied and collected for these years, that I might

apprize you of their great amount, and call your attention to the propriety of

providing for a more strict accountability for their appropriation than has

been hitherto exacted. These Commissioners have been required to report,

some of them to the Comptroller General, and some to the Clerks of the

Courts, and account with them for the monies received and expended ; but I

am not aware that it is regularly done. If it was required of the Commis

sioners to publish such reports, and circulate them through their respective

Districts, so that the people might be informed of the purposes to which their

money was applied, it would be nothing more than is proper, and consistent

with the spirit of our institutions. It is the right of every citizen to know for

what he is taxed ; to judge of the propriety of it ; and to be assured that the

money has been used with discretion and economy. And it is a right which

cannot be too jealously watched over.

/ I recommended to the last Legislature to take speedy and effective mea

sures for the payment of the public debt, then amounting to three and a half

millions of dollars, ($3,500,000,) the interest on which, including charges,

exceeded one hundred and ninety thousand dollars per annum ($190,000.)

I proposed that the Bank of the State should be directed to redeem it, at the

rate of five hundred thousand dollars a year. An act was passed requiring

the Bank to provide for the payment ofthe instalments of the debt falling due

on the first ofJanuary, 1845 and 6, amounting to five hundred and fifty thousand

dollars, ($550,000,) and to deliver to the Comptroller General, to be cancel

led, the evidences of State debt in its possession, to the amount of four hun

dred and fifteen thousand two hundred and seventy dollars ($415,270.) Of

the evidences of State debt held by the Bank, one hundred and sixty-three

thousand four hundred and sixty-eight dollars ($163,468) fell due in 1845 and 6,

so that the whole amoni»t of debt, the liquidation of which was provided for

by the act of last session, was eight hundred and one thousand eight hun

dred and two dollars, ($801,802,) or about four hundred thousand per

annum for two years. I am happy to say, that the Bank surrendered to the

Comptroller General, in January last, and that he cancelled, four hundred and

seventeen thousand and eight dollars and twenty-nine cents ($417,008 29) of

the public debt, being something more than was required of it ; and I do not

doubt that it will provide for the punctual payment of the instalments of

1845 and 6 as they become due.

[ will not repeat to you the reasons which induced me to make to your

predecessors the recommendations referred to. They are stated at large in

my last annual Message. I feel bound, however, to say, that nothing has oc


curred since to change the opinions then expressed. As far as regards the

Bank, the President of that institution, in a report made to the Legislature

near the close of the last session, has painted in such strong colors its power,

and the evils it might cause, as justly to increase the apprehensions previously

felt upon that subject. Objecting to the collection and payment of three and

a half millions, with a capital of more than four millions, at regular intervals

during seven years, he says that, " so large a creditor going at once into the

courts, would alarm all other banks and individual creditors, compel them in

a measure to suspend the usual accommodations, draw in their circulation,

contract their business, and also sue in every case where they are distrustful

of their debts. Their customers, thus checked and pressed, would in turn sue

those indebted to them, and an universal slate of alarm would pervade the

country. The dockets of the courts would be crowded with cases, and the

Sheriffs would transfer vast amounts of property at incalculable sacrifices ;

the value of all other property would be greatly depreciated, and slaves would

be run off, or many of them bought up by the people of other States, and

would be transferred to improve their condition, leaving heavy taxation to this

State, and less property to bear it. , Lands abandoned and houses deserted

by a ruined and bankrupted people, would everywhere remain the monuments

of an erroneous and precipitate legislation."

If such disastrous consequences would arise from a liquidation not com

plete, and protracted through a period of seven years, how much depends on

the perfect management of the Bank, and to what calamities would we be

subjected by its failure—a fate from which it has no chartered immunity, and

which, involved as it is in the vortex of trade, may overtake it suddenly, when

the people least expect and are worst prepared for a catastrophe so terrible.

Is it wise for us to slumber on such a volcano? Does not a just regard for

the safety and welfare of the community require that efficient measures should

be taken to remove from it, at the earliest possible period, an engine so de

structive, which fraud, accident, or oversight, might at any moment put in fatal

operation 1 It is at least worthy your consideration, whether we are to incur

the risk of it forever; and if not, as its charter has but twelve years to run,

there is little time to be lost, since it cannot be closed up in seven without

desolating the State.

The Bank of South Carolina, and the State Bank, have aceepted the pro

visions of the act of 1840, and the suits against them have been withdrawn.

It affords me great pleasure to inform you that the militia of the State are

completely organized, and are, for militia, in excellent training. There are

few officers of any grade who are not familiar with, and competent to instruct

the men in the different schools of infantry tactics, and in camp duties. The

artillery on the coast is in fine condition, and the cavalry throughout the

State numerous, well mounted, and well drilled in the sword exercise, and the

manoeuvres appropriate to that arm of service. The whole number of the

militia amounts to near fifty-five thousand, officers and men.

There are now in the State arsenals, in order for service, ten thousand five

hundred muskets, rifles, and carbines; one hundred and two pieces of artil

lery; thirty thousand pounds of powder; and twenty-five thousand pounds of

lead, besides alarge quantity of balls and cartridges. The other military stores

and equipments are in proportion. The number of public arms in the hands of

Ihe militia cannot easily be ascertained, but it is not short of five thousand mus-

kets and rifles, and twenty-five cannon, mostly brass. The State may therefore

be regarded as prepared to arm, at any moment, nearly or quite one-half of her


whole militia force, and to furnish them with ammunition for perhaps a cam.

paign, without incurring any new expense; while the men she can bring into the

field are probably better qualified to render efficient service than any citizen-sol

diery in the world. And it will cost nothing butyour firm adherence to the pres

ent military system to maintain her in this position for the future.

In fact, the military expenses of the State might, I think, be materially

reduced, and the benefits of one valuable branch of the present system

greatly extended, by a change which can be readily effected. There are no

good reasons why there should be two Arsenals in the State, or that they

should btt placed at the two most expensive points in it—Charleston and Co

lumbia. A few hundred stands of arms, given in charge to the City Councils

of these places, would be all that could be required, if, indeed, they would b&

necessary for their protection in an emergency; while in such an event the

arsenals containing all our military stores, unprovided as they are with a

guard capable of affording the slightest protection to them, must necessarily

fall into the hands of any active foe. Prudence, therefore, dictates that the

arsenals should be removed from locations where they may be subjected to

surprises, and established at some spot in the- interior, less accessible, and at

the same time cheaper and more healthy. Such a spot might be found on one

or the other branch of the i ail-road, which now affords such facilities for trans

portation that a position anywhere upon it would be as convenient for military

purposes as at Charleston or Columbia. The sale of the arsenal and maga

zine buildings and grounds, at these places, would, I have little doubt, fur

nish ample funds for erecting a brick arsenal and extensive wooden barracks

in the country, without requiring a dollar from the Treasury. The consoli

dation of the two schools would enable you to dispense with one set of Profes

sors and other officers, which, with the cheapness of living, and the number of

pay students that might be expected if the situation was known to be perfectly

healthy, would in all probability reduce the expenditure to one-half the sum

now appropriated to their support. That amounts, at present, to about twen-

ty-eight thousand dollars. In suggesting this plan, I by no means desire to

be understood as recommending any change as regards the school system. It

is a great improvement on that of a hired guard, and the cadets are as effi

cient protectors of the arsenals as the guards were ; neither being anything

more than nominally so. The cadets, united in one body, and increased by

an unlimited number of pay students, would afford ample protection ; while

so fine a school, at a healthy location in the country, would induce a large

proportion of the rising generation to prepare themselves for future service,

both military and civil, by embracing its advantages. The policy here

tofore pursued, of repairing damaged arms, is questionable. They are,

for the most part, not worth the expense. The appropriation of two thou-

sand dollars per annum, for repairing arms and arsenal purposes, may, I

think, in any event, be henceforth judiciously curtailed one-half.

I transmit you a report made to me by our very efficient Adjutant General,

whose recommendations are entitled to your serious attention ; and also inte

resting Reports from the military schools.

Permit me to renew to you a recommendation which I made to your pre-

I decessors, to establish a central academy at some suitable point in every Dis

trict in the State, with an endowment of a thousand dollars a year to each.

If you are unwilling to abandon the free-school system, and appropriate the

funds to this object, I see no reason why twenty-eight thousand dollars addi

tional might not be annually devoted to this important purpose. Our expend


iture would then be far short of that made by many of the States in this

Union, and in none of them is a more liberal one required than in ours. We

have but a few well-conducted academies, and these, as soon as they acquire

any reputation, are inconveniently crowded ; and depending as they do for

their success upon the accidental circumstance of having a competent Prin

cipal", properly appreciated, they seldom dispense their advantages to the

same degree, for a length of time. Our common schools are, for the most

part, a disgrace to an enlightened people. A system of permanent acade.

mies, liberally endowed, one of which would be within the reach of every ci-

tizen, conducted by such men as your appropriation, and the tuition funds

would attract, and teaching uniformly a course prescribed by the Trustees of

the College, would produce a revolution in the education ot the State in a few

years. The annual expenditure would not equal that now incurred for mili

tary purposes. While I am far from censuring that expenditure, and trust

that the apathy of a long peace may not be allowed to delude us into false se

curity, still it is certain that, under God, the world is now mainly governed by

the force of intellect; and it is the duty of a wise Government to bestow its

highest care upon the mental culture of its people. We have expended mil

lions for internal improvements, which have never yielded a dollar of clear

revenue to the Treasury, nor perhaps brought a valuable emigrant or pre-

served an useful citizen to us. The interest of a single half million appro

priated to the establishment and support of central acndemies, will give an

impulse to education which in a short time would be felt in every artery of

our political, mercantile, and agricultural systems. You have liberally and

wisely provided for the education of the more wealthy by establishing a Col

lege, which has done, and contiuues to do, more for the State than every

other corporation put together, within her limits ; and you bestow annually

a large sum for the mental improvement of the poor, which I wish I could

say produced corresponding benefits. But for that large and substantial body,

constituting here, as it does in all countries, the broad and solid foundation on

which rests the frame.work of the political system—that middle class, who

may not take advantage of your free schools, and cannot conveniently take

advantage of your College—you have done nothing. These central acad

emies would meet their wishes, or at least their wants. The necessity

ot turning your most.scrious attention to education is pressing ; and it is

incalculably important. We are engaged in the experiment of Govern,

rnents, simple and federative, upon principles as new as they are grand; and

propose to solve the great political and moral problem of how far Freedom

and Security are compatible. Sixty years—which constitute but a brief por

tion of a nation's cycle—have not convinced the world, nor wholly satisfied

ourselves. The momentous question yet remains, Will our institutions en

dure ? They have passed to three generations—they may fail in the fourth

or fifth, or tenth. They certainly will fail, and with them the best hopes «tT

mankind, unless the most anxious and unremitted care is bestowed on the

education of those, on whom it will devolve to sustain them. Ignorance and

free institutions cannot co-exist. An ignorant people can never long have

any other than a despotic government- They are not fit to be free ; and

though they may possibly achieve, they cannot maintain their liberty. It

is an old and trite saying, that the price of freedom is eternal vigilance.

It is, nevertheless, profoundly true. It is usually interpreted to mean that the

people must watch over their rulers. This is important. But in this coun

try, where the people are truly and practically the source of all power, the


application must go farther. They must watch themselves. They must

guard against their own prejudices and passions ; against local and narrow

views ; against party spirit ; against their proverbial love of change ; in

short, they must guard against their own ignorance, which is the fruitful pa.

rent of all these dangers, and which will otherwise speedily degrade them,

from the rank of a people, to that of a populace.

In obedience to a resolution of the last session, I have had the repairs

made in the Secretary of State's office, which were indispensably necessary

for the preservation of the records. There are still many improvements which

might be made ir» that office, and also in the Surveyor General's, that would

be both useful and convenient. The expense of them was greater than I felt

authorized to incur, without consulting the Legislature. I think it highly

expedient that a Commission should be appointed to examine the condition

of these offices, and report to you in detail upon them. I have heretofore

recommended that all the State offices should be consolidated at the Seat of

Government ; that the Executive Department should be properly organized ;

that a stated salary should be given to the Secretary of State, in lieu of per-

quisites, which are now his only compensation, and that the Land Office

should be closed. The experience of another year has confirmed my opinion

of the propriety and importance of these measures, and I suggest them again

for your consideration.

The power of appointing Notaries Public has been immemorially exercised

by the Executive. I can find no law conferring that power ; nor can I, in

deed, find any statute creating such an office. It is recognized in some acts,

and its authorityjs sometimes specially limited ; but none of them prescribe

its powers and duties, or fix its term of duration; The office originated in

the Civil Law, was handed down with it to all modern nations, and prob-

ably has no other authority here than that derived from usage. As it is held

by hundreds in the State, and is more and more sought after, I think you

would do well to legalize its existence, and regulate its appointment, powers,

and tenure.

Much inconvenience, and sometimes serious evils, arise from the ignorance

of the common Magistrates, and their irregular distribution in the Districts for

which they are commissioned. They are also undoubtedly too numerous.

If one Magistrate, and only one, was appointed in each beat company in the

State, the number, I apprehend, would be sufficient, the location more conve

nient, and the chances of procuring the most intelligent citizens to fill a sta

tion so responsible greatly increased. As, however, but few of the Magis

trates can be expected to be lawyers, or to have a law library at their com

mand, I believe it to be indispensable to the regular administration of the law

within their jurisdiction, that a Manual should be compiled and published, by

the authority of the State, explaining in a clear manner the powers and duties

of Magistrates, and prescribing the proper forms of proceedings in their

courts ; to which might be added a codification of the common and statute

laws, and reported decisions, with which it is necessary that they should be

familiar. The expense ofsuch a work would bear but a small proportion to its

value to the people at large, as well as to the Magistrates. The law strikes

many of its severest blows through the agency of the common Magistracy ;

and it is but fair that the humblest as well as the highest citizen should be

dealt with by the same rule, well defined and thoroughly uuderstood by those

who are its ministers.

The act of 1839, prescribing the manner of electing District officers, re- .


quires some amendment. In case of the death of the Clerk of the Court, the

mode of filling the vacancy is not distinctly stated. To prevent great and

pressing inconvenience and loss, I have been compelled to make an appoint

ment under the act of 1815, which it was probably the intention of the Le

gislature of 1839 to supersede. Its requisitions as regards the commission,

ing of Sheriff's, are extremely inconvenient and uncertain, if not incom

patible.

A title to the Mount Dearborn lands has been at length acquired for the

State, and it is recorded in the office of the Secretary of State, and of the Re

gister of Mesne Conveyance in Lancaster District.

Duplicates of the weights and measures established by the Federal Govern

ment have been received, and deposited with the Collector of the Port of

Charleston for safe-keeping, until you can make some disposition of them.

I transmit to you the supplementary report of Mr. Ruffin, our late able and

indefatigable State Agricultural and Geological Surveyor. In consequence

of his resignation of that appointment at the close of the year, I offered it to

M. Tuomey, Esq. of Virginia, an accomplished Geologist and Botanist, who

accepted it. His very valuable and interesting report is herewith submitted.

It has been found impossible to traverse every portion of the State within the

year. Many important localities remain unexplored, and many require to be

visited again to render perfect even a general view of the Geology of the

State. I would not recommend a minute and detailed geological survey at

the public expense. I do not think it called for at this time, or likely, in the

present state of that science, to supersede the necessity of other surveys at no

very remote period ; but it is due to science, and the character of the State,

that, since the survey has been instituted, it should be completed on the scale

on which it is commenced. That can probably be done in one year more,

and I recommend its continuation for that length oftime.

I know of no measure better calculated to improve our agriculture than one

which has been heretofore suggested to the Legislature—the exemption of

land from executions for debt, other than that contracted for its purchase. If

a law was passed to that effect, to go into operation at a given time hereafter,

I can perceive but little injury or inconvenience that would be likely to result

from it, while the advantages to be derived are numerous and important. It

would enhance the value of land, induce investments in it, and insure substan-

tial and extensive improvements of every kind. It would probably check

emigration, diminish speculation, and in many ways conduce to the stability

and permanence of all our institutions. The subject is at least worthy of your

attention.

I cannot omit to invite you to an earnest consideration of federal affairs, and

the peculiar relations of this State to the Federal Government, which have be

come highly interesting and important. The proceedings of the last session

of Congress form an epoch in our history. With the events which preceded,

and the circumstances under which the Act of Congress, called the Compro

mise Act, was passed, you are familiar. That Act was in fact a treaty, made

between belligerent parties—with arms in their hands—solemnly ratified by the

Federal Government on the one part, and a Convention of the State of South-

Carolina on the other, and deposited among the archives of our country. No

treaty was ever made more important in its character, or more sacredly-

binding in its obligations. By that treaty South-Carolina bound herself to

submit for nine years longer to an unconstitutional and most oppressive Ta

riff, in consideration that its exactions should be gradually reduced during


that period, and that after the expiration of it no higher Tariff should again

be levied than was necessary to defray the expenses of an economical admin*

istration of the Government ; and that the rate of duties should in no event,

but the emergency of war, exceed twenty per cent, ad valorem. Our State

faithfully adhered to the compact, and patiently bore the heavy burden which

had been imposed upon her. In 1842 the period arrived for the Federal Go.

vernment to fulfil its stipulations, and reduce the Tariff to twenty per cent,

ad valorem, or lower, if so much was not requisite for the support of an econ

omical administration. But instead of reducing them, the rate of duties was

increased—actually increased to a point higher than the Tariff which South.

Carolina had declared null and void within her limits in 1832; which de

claration led to the Compromise Act. History furnishes no instance of

a grosser, or more insulting breach of faith, while perhaps no law has ever

been enacted by the regular government of a civilized country, so subversive

of the rights and destructive to the interests of any respectable portion of its

people, as the Tariff Act of 1842, considered in all its bearings, is to the rights

and interests of the Planting States of this Confederacy. It might naturally

have been supposed, and probably it was expected, that this State, in conform

ity with the principles she had so long professed, and on which she had here

tofore acted, would immediately nullify this Act ; but she did not. Closely

united at the time with the great Democratic party of the Union on the gen

eral principles of government, and on certain questions of federal policy of the

utmost moment—seeing that this party had carried the elections to the House

of Representatives by a large majority—and justly regarding it as pledged to

free trade, and bound to repeal this exorbitant Tariff, she paused, and deter

mined to await the action of another Congress ; thus furnishing a fresh ex

ample of her patriotic forbearance, and sincere devotion to the peace and in-

tegrity of the Union. The new Congress met, and has terminated its first

session. Propositions were made in both branches to modify the Tariff, and

signally defeated. In *iie House, where the Democratic majority was large,

the proposition was disused of almost without debate, and a majority of the

Democrats from the States north of the Potomac actually voted against it ;

while in the Senate, some of the leaders of that party from the same section

did so likewise. There seems, therefore, to be no reasonable, or even plau

sible ground, on which to rest a hope that this law, so unconstitutional, and so

ruinous to us, will ever be repealed, or reduced to the standard of the Com

promise. The friends of the Tariff do not appear to entertain the slightest

idea of such a thing. They have distinctly proclaimed it to be the settled

policy of the Federal Government ; and, in fact, they scarcely conceal that

they regard our further remonstrances on the subject as intrusive and imper

tinent. Nor could we, after the utter contempt which they have manifested

for their plighted faith, repose with safety upon any concessions which they

might, by circumstances, be forced again to make.

With what confidence we may rely, on the other hand, upon the northern

section of the Democratic party to carry out the free trade principles which

they profess, we are well admonished by the history, not only of the last ses

sion of Congress, but of the protective policy itself. The act of 1628, the

most stringent of the Tariff acts, save that of 1842, was carried by the votes

of the Democratic leaders of the State of New-York, given under very pecu

liar circumstances ; and this last act, by the votes of Democratic leaders from

the same State, and from Pennsylvania. And it may be regarded as certain,

hat the friends of the protective system will be able, at all times, to com


mand as many votes among the northern Democrats as may be necessary

for their purposes.

Nor can we, I fear, anticipate any demonstration of such a fixed, deter

mined, and combined resistance to that policy on the part of the South, as will

force the North to abandon it entirely. For this apprehension there are many

reasons, but one is paramount. Unfortunately, the Electors of President and

Vice-President are chosen by the people, in all the Southern States eilcept

cur own. They are, in consequence, at all times almost equally divided about

men ; and interested politicians spare uo pains to impress it on the voters,

that the salvation of the country depends upon the elevation of this or that

individual to the Presidential chair. In this exciting contest, measures and prin

ciples become matters of minor consequence ; and though it is well known that

no President, whatever may have been his political creed, has yet had firmness

to veto a Tariff bill, however monstrous, and that no anointed candidate even,

has ever been able fully and consistently to declare himself against the pro-

tective policy, they still persist in the pernicious delusion that everything will

be secured by the triumph of their favorite. While every other question, how-

ever vital to liberty and the Constitution, continues to be made subordinate

to this, and to be estimated solely by its influence on the Presidential elec

tion ; and while that election continues to be made directly by the masses, it

is almost vain to expect that the people of any State can be united among

themselves, or the States of any section combine, unless under extraor

dinary impulses, to resist effectually the usurpations of the Federal Govern

ment.

Under these circumstances, it devolves on South-Carolina to decide what

course she will pursue in reference to the Tariff. The period has arrived

when she can no longer postpone her final decision. It is due from her. It

is expected of her. And if she fails to announce it, her silence will never

theless be conclusive. Whatever may be the technical validity, or legal

force, of the opinions on this important question which your predecessors have

placed upon your records, it appears clear to me that our State is bound by

her past history, and the principles she professes ; and ewes it to the country

and herself, to adopt such measures as will at an early period bring all her

moral, constitutional, and, if necessary, physical resources, in direct an ay

against a policy, which has never been checked but by her interposition, and

which impoverishes our country, revolutionizes our Government, and over

throws our liberties. The expediency, the manner, and the precise time of

doing this, are for your grave deliberation.

The last session of Congress was also signalized by the rejection of a treaty

for the annexation of Texas to the United States. The cause assigned for this

rejection was, that Mexico not having yet acknowledged the independence of

Texas, it would be a violation of our treaty of amity and peace with that pow

er to receive Texas into the Union. It is at least a question, whether the Uni

ted States has not a claim to Texas paramount to any to which Mexico can

pretend. It may also be questioned, whether the terms on which Texas

united with the Mexican Republic, and formed a Department of it, did not

entitle her of right to withdraw whenever she saw proper. Be that as it may,

she has in fact dissolved the connexion, and has been recognized as an Inde

pendent Power, by the United States, England, France, Belgium, and Hol

land. A jury of nations has pronounced a divorce, and Mexico has abstained

for eight years from attempting to revive the union by the ordinary means of

force of arms. Her claims cannot now be regarded as anything short of


frivolous. That the political sensibility of the United States should now hang

a point of honor on these claims, and thereby throw away an empire, must

appear to all the world extremely romantic, if not ridiculous. While Russia

is by incessant war extending her overgrown dominion into the rugged steppes

of Tartary; while France sheds torrents ot blood, and spends millions of trea.

sure, to conquer a foothold on a sterile coast of Africa, and, stretching across

two oceans, opens her batteries on the female sovereign of a petty island at

he antipodes, to establish her supremacy there ; and while England with ra

pacious hand despoils Eastern princes of province after province, and even

condescends to accept a kingdom on the Musquito shore, as a legacy from a

v barbarian chief ; that the United States should, from mere delicacy, refuse a

proffered t rritory of three hundred thousand square miles, embracing the

most fertile soil on the globe, and peopled by her own children, cannot b .

otherwise regarded than as absolutely Quixotic. Europe, while rejoicing at

such an unexpected event, is so utterly incapable of appreciaiing these subli

mated notions of national faith, as not to hesitate to ascribe it solely to the

influence of party spirit, and note it as a fresh evidence of the instability of our

institutions. That party spirit may have had some influence in the rejection of

this treaty, is probable. But the main, and most powerful reason, undoubtedly

was the deadly animosity of a portion of this Union to our domestic slavery,

and the fear of extending and perpetuating it. This reason has been openly

avowed by nearly the whole press of the non-slaveholding States ; by their

public lecturers, by their most distinguished orators, and by the Legislatures of

several States—particularly that of Massachusetts—whose resolutions I trans

mit you, in which is strongly intimated the expediency of dissolving the Union

of these States, on this very ground, if Texas is annexed.

Scarcely any circumstance could have furnished so striking a proof of the

deep-seated hostility of every portion, and almost every individual, of the

North, to our system of Slavery, and their fixed determination to eradicate it,

if possible, as the rejection of this treaty, and the arguments by which they

justify it. In every point of view, save one, the acquisition of Texas was ot

more consequence to the North than to the South. To them it gave an in

crease of commerce; a fresh market for their manufactures; another vent

for population ; new subjects on whom to levy tribute. To us, security, only;

and security at an immense sacrifice in the value of our lands and of our sta

ples. But the pride of increased dominion, the thirst of wealth; ambition, and

avarice—long supposed to be the two strongest passions of our nature—have

sunk before their fanatical zeal to uproot an institution with which is linked

forever, and inseparably, the welfare, and almost the existence, of five mil

lions of their fellow-citizens.

Nor is the refusal to ratify this treaty, so vitally important to the South,

the only extraordinary proof which the past year has furnished, of the exube

rant and rancorous hostility of the North to our domestic, slavery. At a

meeting in May last, of the General Conference of the Methodist denomina.

tion, whose ecclesiastical constitution and government bear, in some respects,

a striking resemblance to the political Constitution and Government of this

Confederacy, a pious Bishop of the South was virtually deposed from his sa

cred office, because he was a slaveholder. It was openly and distinctly sta.

ted, that the Methodist congregations in the non-slaveholding States, embra

cing a much larger proportion of the masses than any others, would no longer

tolerate a slave-holder in their pulpits ; a fact which has been since exempli

fied. With becoming spirit, the patriotic Methodists of the South dissolved


all connexion with their brethren of the North. And for this they are enti

tled to lasting honor and gratitude from us. Other instances might be cited,

not so striking, but equally decisive of the fact, that the abolition phrenzy is

no longer confined to a few restless and daring spirits, but has seized the

whole body of the people in the non-slaveholding States, and is rapidly super

seding all other excitements, and trampling on all other interests. It has even

beer, thought that the organized Abolition vote might decide the pending Pre

sidential election ; and both parties at the North have been charged with

endeavoring to conciliate it for their candidate. While England, encour

aged by these movements, and exasperated by our Tariff laws, is making

avowed war on us, that she may strike a blow at those who are more our

enemies than her's.

Though all these efforts may fail to coerce Congress to pass an Act of

Emancipation, and can hardly succeed in organizing an extensive insurrec

tion among our slaves, it cannot be disguised that they are doing mischief

here, and may soon effect irreparable injury. They must be arrested. It is

indispensably necessary that they should be arrested in the shortest possible

period of time. The question is, How is this to be done ? Argument and re.

monstrance are clearly useless. All appeals to sympathy, to interest, and to

the guarantees of the Bond of Union, have failed, as yet, and will, I have no

doubt, continue to fail. Seeing, as we of the South do, the naked impossibility

of emancipation, without the extermination of one race or the other, through

crimes and horrors too shocking to be mentioned—leaving a devasted land

covered with ashes, tears, and blood—1 cannot doubt that you will be justified by

God and future generations, in adopting any measures, however startling they

may appear, that will place your rights and property exclusively under your own

control, and enable you to repel all interference with them, whatever shape it

may assume. And as you incur a clanger of no ordinary character—one so

subtle and insidious in its approaches that there is no ascertaining how soon it

may be too late to resist it—I believe you will be equally justified in taking

these measures as early and decisively as in your judgment you may deem

proper. .

The State of South-Carolina has been charged, and sometimes from high

quarters, with entertaining a desire to dissolve the Union of these States; and

the expression of a sentiment looking that way, by any of her citizens, is

widely denounced as treasonable, if not blasphemous. There is no State

which hiis given, in its times of trial, a more ardent or effective support to the

Union than our own. There is no State which has less to gain by anarchy

and revolution, or that is less disposed tc plunge into them wantonly. Nei

ther her fundamental institutions, nor her legislation, betray a love of change.

Her people are steady in their principles, and loyal to their customs, laws, and

constitutions. But their devotion is not blind. They are not to be defraud,

ed of their rights under prostituted forms, however sacred in their origin, nor

deterred, either by obloquy or danger, from maintaining them. They are by

no means insensible of the advantages of the Ur.ion. They are not wanting

in those sentiments which teach them to venerate the institutions founded, in

part, by their own wise and heroic ancestors ; nor in that pride which would

lead them to appreciate the glory of continuing members of a republic ex.

tending -over two millions and a halt of square miles, and which might one

day number five hnndred millions of enlightened citizens. But the Union was

a compact for justice, liberty, and security. When these fail, its living prin.

ciples are gone. South-Carolina can have no respect for an empty name—


still less for one which becomes synonymous to her with oppression, vassai-

age and danger. It is vain to sound it in our ears, and claim for it our alle

giance. Our ancestors of the old world, waged a successful war against the

divine right of Kings ; and our fathers of the Revolution broke the yoke of

Lords and Commons. Little has been gained for us, by these two noblest

struggles which history records, if we are now to be overawed by the divine

right of Union, and steeped in wretchedness under its violated charter. The

illustrious man who has been culled, by universal consent, the Father of our

Country, did indeed leave it to us, ss his parting admonition, that we should

cling to the Union as our ark of safety. But, much as we reverence his pre

cept, his example is still dearer to us. Sacred as we hold his last words, we

cannot throw them into the scale against the history of- his life ; and that

teaches us to resist oppressisn, from whatever quarter it may come, and what

ever hazard is incurred.

Coming for the first time together, having duties to perform which to some

of you are new, and holding in your hands the destinies of South-Carolina,

you cannot be too strongly impressed with the necessity of reflecting maturely

on the important questions that devolve upon you, and of reverentially invok

ing to your aid that Almighty Power, who searches all hearts, weighs all mo

tives, and metes out to all human efforts a just measure of success.

J. H. HAMMOND.

Mr. PICKENS submitted the following Resolutions, viz :

Resolved, That the State of South-Carolina takes the deepest interest in

the annexation of Texas to this Federal Union, because we believe it essen-

tial to preserve the peace and permanent independence of the Confederacy,

and must result in advancing the ultimate prosperity of the whole country.

Resolved, That the collateral issues, which have arisen in the progress of

the Texas Negotiation, by the official communication of Lord Aberdeen

to the Federal Government, dated December 26th, 1843, in which he an-

nounces " that Great Britain desires, and is constantly exerting herself to

procure, the General Abolition of Slavery throughout the World," are of

such a nature as to make the annexation of Texas a vital and paramount

question to the people of South-Carolina.

Resolved, That we look with confidence to the recent election of a

Republican President and Vice President, as giving us a certain guarantee

that all the constitutional powers of the Government will be exerted to secure

the immediate annexation of that Republic.

Resolved, Farther, That the Tariff of 1842 is unjust, oppressive, and

against the whole spirit of the Constitution ; and that the recent triumph of

the Democratic Republican Party has taken place under such circumstances,

as to give us an unequivocal pledge that it is to be reduced to a revenue

standard and the wants of an economical government, upon the general

principles of the Compromise Act of 1833.

Resolved, That if we should be disappointed in our just expectations, we

do not in the slightest degree, by waiting events at present, waive the re

served rights of the State in her sovereign capacity, to protect her citizens

in any future emergency that may arise.

The resolutions were ordered to be printed, and, together with the Mes

sage of His Excellency the Governor, to be made the special order of the

day for Thursday next, at 1 o'clock.

On motion of Mr. EVINS, it was ordered that when the Senate adjourns,

it shall stand adjourned to meet to-morrow at 12 o'clock.

On motion of Mr. W1THERSPOON, the Senate adjourned.

SENATE, WEDNESDAY, NOVEMBER 27, 1844.21

WEDNESDAY, NOVEMBER 27, 1§44.

The Senate met at 12 o'clock, pursuant to adjournment.

The Clerk read the Journal of the proceedings of yesterday.

The Hon. A. B. ARNOLD, Senator elect from Abbeville, appeared at the

Clerk is desk, presented his credentials ; the oaths were administered, and he

took his seat'

The Hon. R. DeTREVILLE, Senator from St. Helena, appeared in his

place in the Senate.

On motion of Mr. McWILLlE, Mr. M. T. Appleby was added to the

Committee on Claims and Grievances.

Mr. MOSES gave notice, that on Friday next he will ask leave to introduce

A Bill to amend an Act, entitled " an Act to amend the Act of one thou

sand seven hundred and eighty-eight, commonly called the Prison Bounds

Act, passed the 19th of December, 1833:" and also,

A Bill to alter and amend the Law in relation to the pleadings and practice

of Courts of Record.

Mr. WITHERSPOON gave notice, that on Monday next he will ask leave

to introduce A Bill to increase the Jurisdiction of the Ordinaries in the divi

sion and partition of Real Estate, and for other purposes.

Mr. BOOZER submitted the Presentment of the Grand Jury for Lexing

ton, Spring Term, 1844 ; which was read, and referred to the Committee on

Agriculture and Internal Improvements.

Mr. BOYCE submitted the abstract of the expenditures for the City and

Transient Poor fund for Charleston, and a report of paisons admitted into

the Poor-House for Charleston during the year ending the 31st August, 1844 ;

which was referred to the Committee on Finance and Banks.

Mr. HANNA presented the Memorial of James S. Rhett, against the

Election of the Senator from Christ Church ; which was referred to the Com

mittee on Privileges and Elections.

Mr. ARNOLD presented the Petition of the Pastor, Elders, and other

members of Rocky Creek Church, Abbeville District, for Incorporation ;

which was referred to the Committee on Incorporations and Engrossed Acts.

Mr. HANNA presented the Petition of Joel Baker and others, praying

for the re-incorporation of the Elizabeth Baptist Church of Chesterfield Dis

trict ; which was referred to the same Committee.

Mr. DeTREVILLE presented the Petition of sundry citizens of St. Hel

ena Parish, respecting the Beaufort College ; which was referred to the same

Committee.

Mr. WITHERSPOON presented the Petiiion of the Trustees of Bethel

Academy, York District, for a re-charter of that Academy ; which was re

ferred to the same Committee.

Mr. BOYCE presented the Joint Memorial of the City Council of Charles

ton, and ot citizens of the same, praying the passage of an Act to autho

rize the City Council of Charleston to establish a toll bridge over Ashley

river ; which was referred to the same Committee.

Mr. NEEL presented the Petition of Hanna Hudgins, praying a pension

for Revolutionary services rendered by her deceased husband ; which was

referred to the Committee on the Military and Pensions.

Mr. APPLEBY presented the Petition ofsundry citizens of St. George's,

Dorchester, praying that the old Four Hole Company of the 18th Regiment

may be re-established ; which was referred to the same Committee.

22 SENATE, WEDNESDAY, NOVEMBER 27, 1844.

Mr. DeTREVILLE presented the Account of R. G. Barnwell, as magis

trate ; which was referred to the Committee on Accounts and Vacant Offices.

Mr. NEEL presented the Petition of Thomas Montgomery, for compensa

tion for attending Newberry Court as a witness ; which was referred to the

Committee on the Judiciary.

Mr. SKIPPER submitted the Presentment of the Grand Jury of Horry Dis

trict, Fall Term, 1844 ; which was read, and referred to the Committee on

the Judiciary.

Mr. DAVID submitted the Presentment of the Grand Jury for Marlbo

rough, Fall Term, 1844 ; which was read, and referred to the same Com

mittee.

Mr. PERRY submitted the Presentment of the Grand Jury of Greenville,

Fall Term, 1844 ; which was read, and referred to the same Committee.

Mr. FELDER submitted the Presentment of the Grand Jury for Orange

burg District, Fall Term, 1844 : which was read, and referred to the Com


Mr. EVINS submitted the Presentments of the Grand Jury of Anderson

District, for Spring Term and Fall Term, 1844 ; which were read, and re


Mr. HENAGAN presented the Petition of S. F. Gibson, for the recharter

of Mar's Bluff Ferry, on Great Pee Dee River ; which was referred to the

Committee on Roads and Buildings.

Mr. FELDER presented the Petition of sundry citizens of Barnwell Dis

trict, praying for a new Court House and Jail ; which was referred to the same

Committee; and the Presentment of the Grand Jury of Barnwell, Fall Term,

1844, on the same subject; which was referred to the same Committee.

Mr. MOSES presented the Petition of sundry citizens of Salem, for a Road

from Carter's Crossing, to a Free Bridge on Lynch's Creek ; which was re


Mr. ARNOLD presented the Petition of Robert Hutchinson, for compen

sation for services rendered in attempting to capture an individual suspected

of murder ; which was referred to the Committee on Claims and Grievances.

Mr. ALLSTON presented the Account of Dr. Wm. M. Lee, for services

rendered to a State prisoner; which was referred to the same Committee.

Mr. NEEL presented the Petition of the Hon. Jno. B. O'Neall, for com-

pensation for a Slave executed ; which was referred to the same Committee.

Mr. DeTREVILLE presented the Petition of Dr. B. B. Sams, for com-

pensation for a slave executed ; which was referred to the same Com

mittee.

Returns from the Commissioners of Free Schools, for the year 1844, were

presented by

Mr. HENAGAN, for Marion,

Mr. SKIPPER, « Horry,

Mr. BLAKE, " St. James, Santee,

Mr. HANNA, " Chesterfield,

Mr. MELLARD, " St. James, Goose Creek,

Mr. APPLEBY, " St. George's, Dorchester,

Mr. RHAME, " Clarendon,

Mr. EVINS, " Anderson,

Mr. ELFE, " St. Thomas and St. Dennis,

Mr. DeTREVILLE, " St. Helena ;

and they were referred to the Committee on the College, Education and Re

ligion.

SENATE, THURSDAY, NOVEMBER 28, 1844. 2S

Mr. DAVID submiited the Presentment of the Grand Jury of Marlboro',

Spring Term, 1844 ; which was read and referred to the same Committee.

Mr. SKIPPER submitted the Presentment of the Grand Jury for Horry

District, Spring Term, 1844 ; which was read and was referred to the Com


On motion of Mr. HENAGAN, it was Ordered, That when the Senate

adjourns, it shall stand adjourned to meet to-morrow, at 12 o'clock.

On motion of Mr. HENAGAN, the Senate adjourned.

THURSDAY, NOVEMBER 2§, INU.



The Hon. J. E. FRAMPTON, Senator from Prince William's Parish,

appeared in his place in the Senate.

The following Message was received from the House of Representatives:

In the House of Representatives, )

27th November, 1844. \

Mr. President and Gentlemen of the Senate:

This House requests Senate to return the Petition, presented at the last

Session, of John Pintard, and Documents. By order of the House :


The Senate concurred in the Message, and sent the Documents and a,

Message to the House of Representatives accordingly.

Mr. PERRY gave notice, that on to-morrow he will ask leave to introduce

a Bill to prescribe the mode of choosing, on the part of this State, Electors of

President and Vice President of the United States, and give the election of

such Electors to the people.

Mr. H. H. THOMSON gave notice, that on Saturday next, he will ask

leave to introduce a Bill to regulate the auditing of Contingent Accounts

against the State.

Mr. SKIPPER presented the Petition of Cader Hughes, for the re-charter

of Gallevant's Ferry on Little Pee Dee River; which was referred to the


Mr. De TREVILLE presented the Petition of John M. Zcaly, for the re-

charter of the Beaufort Ferry; which was referred to the same Committee.

Mr. BOYCE presen;ed the Petition of the Methodist Benevolent Society,

for incorporation; which was referred to the Committee on Incorporations

and Engrossed Acts.

Mr. De TREVILLE presented the Petition of the St. Helena Company,

praying exemption from all General Reviews; which was referred to the Com

mittee on the Military and Pensions.

Mr. SKIPPER presented the Petition of Cader Hughes, praying a balance

of appropriation for Lake Swamp, in Horry District: which was referred to

the Committee on Agriculture and Internal Improvements.

Mr. MOSES presented the Memorial of the South-Carolina Agricultural

Society, praying a continuance of the Agricultural Survey; which was refer

red to the same Committee.

Mr. HANNA presented the Petition of John W. Leak, praying to be per

mitted to erect Mills on Thomson's Creek, near Cheraw; which was referred

to the same Committee.

,

24 SENATE, THURSDAY, NOVEMBER 28, 1844.

Mr. RIVERS presented the Petition of the St. Andrews' Agricultural Po

lice Society, praying a continuance of the Agricultural and Geological Survey;

which was referred to the same Committee.

Mr. AIKEN presented the Petition of the Washington Artillery ofCharles

ton, praying an act of incorporation ; which was referred to the Committee

on Incorporations and Engrossed Acts.

Mr. AIKEN presented the Petition of sundry citizens of Charleston, pray

ing the renewal of an act incorporating the Union Insurance and Trust Com

pany ; which was referred to the same Committee.

Mr. WITHERSPOON presented the Petition of R. M. Pressly, praying

compensation for expenses incurred in sending his son to Abbeville Court as

a witness for the State ; which was referred to the Committee on Claims and

Grievances.

Mr. HENAGAN presented the Accounts of A. Carmichael, Sheriff of

Marion District, against the State ; which was referred to the Committee on

Accounts and Vacant Offices.

Mr. GREGG submitted the Presentments of the Grand Jury for Richland

District, for Spring Term and Fall Term, 1844 ; which were read, and

referred to the Committee on the Judiciary.

Mr. C. R. THOMSON presented the Petition of sundry citizens within

ten miles of the State Road, praying to have their grants for vacant lands

confirmed, or the repeal of the act of 1819, in relation thereto ; which was

referred to the same Committee.

Mr. DeTREVILLE presented the Petition of sundry citizens of this State,

praying an alteration of the law of libel ; which was referred to the same

Committee.

Mr. FELDER presented the Petition of sundry Citizens of Barnwell Dis

trict, praying that Commissioners in Equity may be elected by the People ;


Mr. FELDER presented the Petition of a part of the Citizens of Lexing

ton Judicial District, praying an alteration of the Law defining the limits of

the District ; which was referred to the same Committee.

Returns from the Commissioners of Free Schools, for the year 1844, were

presented by

Mr. H. H. THOMSON, for Spartanburg,

Mr. FRAiMPTON, " Prince William's,

Mr. NEEL, " Newberry,

Mr. WALKER, " St. Paul's, and

Mr. GIST, " Union ; and they were referred to the

Committee on the College, Education, and Religion.

Mr. RHAME presented the Petition of Nancy Chapman, praying a pen

sion ; which was referred to the Committee on the Military and Pensions.

At the hour of one o'clock, the Senate took up the Message No. 1, of His

Excellency the Governor, and the Resolutions offered by Mr. Pickens —

the special order of the day for this hour.

Mr. McWILLIE offered the following Resolutions :

Resolved, That so much of the Message of His Excellency the Governor,

as relates to the income and expenditure of the State, District Taxes, the

Bank of the State, and the Public Debt, be referred to the Committee on Fi

nance and Banks.

Resolved, That so much of the same as relates to the Public Am s, the

Militia of the State, and the Military Schools, at the Citadel in Charleston, and

SENATE, THURSDAY, NOVEMBER 28, 1844. 25

the Arsenal in Columbia, be referred to the Committee on the Military and

Pensions.

Resolved, That so much of the same as relates to the establishment of a

Central Academy in each District in the State, and the subject of education

generally, be referred to the Committee on the College, Education and Re

ligion.

Resolved, That so much of the same as relates to the Land Office, the Of

fice of the Secretary of State, the consolidation of the Offices of the State at

the seat of Government, the Office of Notary Public, Magistrates, the Offices

of Clerks and Sheriffs, and also the exemption of land from sale for debt, be

referred to the Committee on the Judiciary.

Resolved, That so much of the same as relates to an Agricultural and

Geological Survey of the State, and the subject of Weights and Measures, be

referred to the Committee on Agriculture and Internal Improvements.

Resolved, That so much of the same as relates to the Tariff policy, the

Annexation of Texas, and our Federal Relations generally, be referred to a

Committee of the whole Senate.

The Resolutions were agreed to, and the reference made accordingly ;

and the Resolutions offered by Mr. Pickens were also referred to the Com

mittee of the Whole House. The Senate thereupon resolved itself into a

Committee of the Whole.

Mr. H. H. THOMSON, from the Committee of the whole Senate, sub-

mitted a Report, recommending the passage of the Resolutions, with the fol

lowing amendments :

In the third Resolution, before guarantee, strike out the word "certain :"

In the fourth Resolution, after the words "oppressive and" : strike out

"against the whole spirit of the Constitution," to insert the word "unconstitu

tional," and strike out the last Resolution for the purpose of inserting the

following :

Resolved, That should we be disappointed in our just expectations, the

State does not in the slightest degiee, by waiting events at present, waive her

reserved rights, in her sovereign capacity, to protect her citizens in any fu-

ture emergency that may arise.

The Senate amended the Resolutions accordingly, and as amended they

are as follow :

Resolved, That the State of South-Carolina takes the deepest interest in the

Annexation of Texas to this Federal Union, because we believe it essential

to preserve the peace and permanent independence of the Confederacy, and

must result in advancing the ultimate prosperity of the whole country.

Resolved, That the collateral issues, which have arisen in the progress of

the Texas Negotiation, by the official communication of Lord Aberdeen to

the Federal Government, dated December 26th, 1843, in which he announces

"that Great Britain desires, and is constantly exerting herself to procure, the

General Abolition of Slavery throughout the World," are of such a nature as

to make the Annexation of Texas a vital and paramount question to the peo

ple of South-Carolina.

Resolved, That we look with confidence to the recent election of a Re

publican President and Vice President, as giving us a guarantee that all the

constitutional powers of the Government will be exerted to secure the imme

diate Annexation of that Republic.

Resolved, That the Tariff of 1842 is unjust, oppressive ajad unconstitution

al, and that the recent triumph of the Democratic Republican Party iias taken

26 SENATE, FRIDAY, NOVEMBER 29, 1844.

place under such circumstances, as to give us an unequivocal pledge that it

is to be reduced to a revenue standard and the wants of an economical gov

ernment, upon the general principles of the Compromise Act of 1833.

Resolved, That should we be disappointed in our just expectations, the

State does not in the slightest degree, by waiting events at present, waive her

reserved rights, in her sovereign capacity, to protect her citizens in any fu

ture emergency that may arise.

On the question of agreeing to the Resolutions, the Yeas and Nays were

ordered, and areas follow:

Those who voted in the affirmative are: the Hon. A. Patterson, President;

Messrs. Aiken, Allston, Appleby, Arnold, Blake, Boozer, Boyce, Buchanan,

Buford, Cain, David, DeTreville, Eaves, Elfe, Evins, Felder, Fickling,

Frampton, Gist, Gourdin, Gregg, Hanna, Henagan, Hibben, Johnson, Mc-

Willie, Mellard, Moses, Murray, Neel Perry, Pickens, Rhame, Rivers, Skip

per, C. R. Thomson, H. H. Thomson, Walker, Witherspoon and Young.-41.

The Resolutions were unanimously agreed to, and were ordered to be sent

to the House of Representatives for concurrence.

Mr. H. H. THOMSON, from the Committee of the Whole, asked leave,

in behalf of the Committee, to be discharged from the farther consideration

of that portion of the Governor's message which had been referred to it.

The Senate discharged the Committee, and that portion of the Message was

ordered to lie on the table.

On motion of Mr. H. H. THOMSON, it was Ordered, that when the

Senate adjourns, it shall stand adjourned to meet to-morrow, at 12 o'clock.

On motion of Mr. H. H. THOMSON, the Senate adjourned.

FRIDAY, NOVEMBER 29, 1844.


The Clerk read the journal of the proceedings of yesterday.

The Hon. Wm. Washington, Senator elect from St. Paul's Parish, appear

ed at the Clerk's desk, presented his credentials, was sworn, and took his

seat.

Mr. DARGAN, Senator from Dailington, who was unavoidably absent

from the Senate when the vote was taken yesterday on the Resolutions in re

lation to Federal policy, introduced by the Senator from Edgefield, was per

mitted by the Senate to record the vote he would have given if he had been

present, and voted in favor of the passage of the Resolutions.

Message No. 2, from his Excellency the Governor, was communicated to

the Senate. So much as relates to the College, was referred to the Commit

tee on the College, Education and Religion, and so much as relates to the

Executive Contingent Accounts, was referred to a Special Committee, con

sisting of Messrs. Witherspoon, Eaves, and Johnson; and a Message was

ordered to be sent to the House of Representatives, asking the appointment

of a similar Committee to meet the Committee of the Senate.

The Message was also ordered to be printed.

The PRESIDENT laid before the Senate a Communication from R. H.

Speers, State Reporter, accompanied by the second volume of the Law Re

ports, and first volume of Equity Reports, prepared by him. The Commu

nication and Reports were i-eferred to the Committee on the Judiciary.

Mr. WITHERSPOON presented the Report of the Superintendent of

Public Works, which was referred to the Committee on Agriculture and In-

rnal Improvements, and ordered to be printed.

SENATE, FRIDAY, NOVEMBER 29, 1844. 27

Pursuant to notice, and with leave granted, Mr. MOSES introduced a Bill

to alter and amend the Law in relation to the pleadings and practice of Courts

of Record; and also,

A Bill to amend an Act entitled "An Act to amend the Act of one thous

and seven hundred and eighty eight, commonly called the Prison Bounds

Act," passed 19th December, 1833. The Bills each received the first read

ing, were ordered to be printed, and were referred to the Committee on the

Judiciary.

Pursuant to notice given, and with leave of the Senate, Mr. PERRY intro

duced a Bill to prescribe the mode of choosing, on the part of this State, Elec

tors of President and Vice President of the United States, and to give the

election ofsuch Electors to the People. The Bill received the first lvading,

was ordered to be printed, was referred to the Committee o( the whole Senate,

and was made the special order of the day for Tuesday next.

Mr. ARNOLD gave notice, that on Monday next he will ask leave to in

troduce a Bill to alter and amend the law in relation to the vending of spiritu

ous liquors, and to restore the Sutler's Law.

The Senate granted leave to Mr. YOUNG to withdraw from the files of

the Senate, the Petition of the heirs and representatives of George Stairley

and Elizabeth C. Long, relative to the personal property of Frederick Joseph

Wallern, liable to escheat.

Mr. DeTREVILLE offered a Resolution, for the appointment of a Joint

Committee to recommend suitable persons as Electors of Piesident and Vice

President of the United Stales; which was agreed to.

Mr. FICKLING offered a Resolution providing that the Committee on

Roads and Buildings to inquire and report upon the expediency of repealing

the 14th Section of the Road Law, passed in 1843; which was agreed to.

Mr. GIST offered a Resolution, requesting the President of the Bank of

the State to inform the Senate what amount is due to that institution by Manu

facturing Companies in this State; how long since the respective debts have

been contracted, and whether any part of the principal or interest has been

paid: also, whether the debts are well secured, so that the State will ultimate

ly suffer no loss. The Resolution was ordered for consideration to-morrow.

Mr. DeTREVILLE presented the favorable Reports of the Committee on

Claims and Grievances, on the Petition of the Hon. J. B. O'Neall, for com

pensation for a slave executed:

On the Petiiion of Berners B. Sams, forcompensation for a slave executed;

and

On the Petition of R. G. Ferrell, praying to be refunded money advancecL

by him for Jury tickets :

Also, the Report.of the same Committee, asking to be discharged from the

farther consideration of the Petition of John Davis and Orpha Davis, asking

compensation for aid in efforts to capture certain offenders against the laws ;

all of which were ordered for consideration to-morrow.

Mr. DARGA.N submitted the Presentment of the Grand Jury of Darling,

ton, Spring Term 1844; which was read, and so much as relates to the

Bonds of Public Officers being recorded in the District Offices of Registry,

was referred to the Committee on the Judiciary ; and so much thereof as re

lates to the Free Schools, was referred to the Committee on the College, Ed

ucation, and Religion :

Also, the Presentment of the Grand Jury of Darlington, Fall Term 1844 .

which was read, and referred to the Committee on the Judiciary.

28 SENATE, FRIDAY, NOVEMBER 29, 1844.

Mr. H. H. THOMSON presented the Report of the Joint Special Com

mittee on the part of the Senate on the Public Printing, recommending the

adoption of the proposals of A. H. Pemberton ; which was ordered for con

sideration to-morrow.

Mr. DARGAN presented the Petition of James Bell, praying for the con

firmation of his title to a house and lot conveyed to him before he was natu

ralized ; which was referred to the Committee on the Judiciary.

Mr. W1THERSPOON presented the Petition of sundry citizens of York

District, praying that the Criminal Law may be amended, so as to suppress

certain offences ; which was referred to the same Committee.

Mr. YOUNG presented the Petition of the heirs and representatives of

George Stairley and Elizabeth C. Long, relative to the personal property of

Frederick Joseph Wallern, liable to be escheated ; which was referred to the

same Committee.

Mr. ALLSTON presented the Report of the Solicitor of the Eastern Cir

cuit, on the office of Commissioner in Equity for Georgetown District ; which

was referred to the same Committee.

Mr. JOHNSON presented the Petition of certain citizens of Beaufort Dis

trict, praying that certain expenses incurred by R. Y. Carey, as a Magistrate

attending Court, may be refunded to him ; which was referred to the Commit

tee on Claims and Grievances.

Mr. BUCHANAN presented the Petition of Jacob Bookman, Thomas

Watt, and others, praying that certain expenses incurred by them as Commis

sioners of Fish Sluices, be refunded to them ; which was referred to the

Committee on Claims and Grievances.

Mr. BUCHANAN presented the Petition ofWm. F. Pearson, praying

payment for taking the census of the inhabitants of Fairfield District ; which


Mr. GREGG presented the Account of Samuel Weir, for printing for the

State ; which was referred to the same Committee.

Mr. HENAGAN presented the Petition of citizens of Marion District,

praying an appropriation for improving the navigation of Little Pee Dee river;

which was referred to the Committee on Agriculture and Internal Improve

ments.

Mr. CAIN presented the Petition of the Black Oak Agricultural Society,

praying a continuation of the Agricultural Survey of the State ; which was


Mr. HANNA presented the Counter Petition of certain citizens of Ches

terfield District, praying that mills may not be erected on Thomson's creek,

near Cheraw ; which was referred to the same Committee.

Mr. SKIPPER presented the Petition of certain citizens of Horry Dis-

trict, praying an appropriation for cleaning out Chinnerse's swamp ; which


Mr. RIVERS presented the Petition of sundry inhabitants of James Is

land, praying to be incorporated as the Social Agricultural Society of St. An

drew's Parish ; which was referred to the Committee on Incorporations and

Engrossed Acts.

Mr. DARGAN presented the Petition of sundry inhabitants of Darlington

District, praying for the establishment of a new road ; which was referred to

the Committee on Roads and Buildings.

Mr. PICKENS presented the Petition of sundry citizens of Edgefield and

Barnwell Districts, praying a change of the Coosawhatchie road; which was


SENATE, SATURDAY, NOVEMBER, 30, 1344. 29

Mr. AIKEN presented the Counter Petition of sundry citizens and resi

dents of Charleston Neck, in relation to the building of a Bridge over a Creek

at the Northern extremity of Washington street; which was referred to the

same Committee.

Mr. McWILLIE presented the Petition of the Commissioners of Roads for

Kershaw District, in favor of a Road from Camden to Gadsden; which was


Returns from the Commissioners of Free Schools for the year 1844, were

presented by

Mr. DARGAN, for Darlington,

Mr. CAIN, for St. John's, Berkley,

Mr. ALLSTON, for Prince George, Winyaw, and

Mr. McWILLIE, for Kershaw;

And they were referred to the Committee on the College, Education and

Religion.

On motion of Mr. DARGAN, it was Ordered, that when the Senate ad-,

journs, it shall stand adjourned to meet to-morrow, at 12 o'clock.

On motion of Mr. DARGAN, the Senate adjourned.

SATURDAY, NOTEMBEB 30, 1844.

The Senate met at 12 o'clock pursuant to adjournment.


The Hon. J. W. Huey, Senator elect from Lancaster, appeared at the

Clerk's desk, presented his credentials, was sworn, and took his seat.

MESSAGE No. 3 from his Excellency the Governor, in relation to a

communication received by his Excellency, on the subject of a Special Agent

appointed by the State of Massachusetts to reside in this State, for the pur

pose of contesting, by a series of law suits, a long standing law of this State

in reference to Free Negroes coming into this State from abroad, was com

municated to the Senate. The Message and Document were ordered to be

printed, and to be referred to the Committee on Federal Relations.

Mr. PICKENS moved a reconsideration of the reference, and that the

Message and Document be referred to the Committee on the Judiciary ; the

Senate, on motion of Mr. PERRY, ordered the Message and Document to

lie on the table, and to be printed.

The following MESSAGE was received from the House of Representa

tives :

In the House op Reps., 30th Nov., 1844.

Mr. President, and Gentlemen of the Senate :

This House concur with Senate to refer so much of the Governor's Mes

sage No. 2, as relates to his Civil and Military Contingent Accounts, to a

Special Committee ; and have appointed Messrs. Bauskett, Means, and

Chandler a Special Committee on the part of the House, to meet the Commit

tee of Senate on that subject.


W. F. ColcocK, Speaker.

The PRESIDENT announced the following persons a Special Committee

under the Resolution agreed to yesterday, for nominating nine fit and proper

persons as Electors of President and Vice President of the United States, to

wit : Messrs. Young, Buchanan, Henegan, Neal, Rivers, Gist, Boyce, Felder,

30 SENATE, SATURDAY, NOVEMBER 30, 1844.

and Witherspoon ; and a message was sent to the House of Representatives,

asking that house to appoint a similar committee to meet the committee of

the Senate.

The Senate ordered that the following persons should be added to the fol

lowing committees, to wit :

Mr. ELFE to the Committee on Accounts and Vacant Offices.

Mr. MELLARD to the Committee on the Lunatic Asylum and Medical

Accounts : and

Mr. HUEY to the Committee on the Military and Pensions.

Pursuant to notice, and with leave of the Senate, Mr. H. H. THOMSON

introduced " a Bill to regulate the auditing of Contingent Accounts against

the State, which received the first reading, was ordered to be printed, and

for a second reading on Monday next.

The following Resolution, offered by Mr. DeTREVILLE, was agreed to,

and ordered to be sent to the House of Representatives for concurrence :

Resolved, That the " Trustees of the College of Beaufort" do, at the next

session, lay before the Legislature, for their information, a full and accurate

account of all their proceedings in regard to the property granted to them by

the Act of 1795 ; and also, of all the property subsequently acquired by es-

cheat or otherwise.

The Senate granted leave to Mr. BOYCE to withdraw the Petition of G.

W. Dill and others, praying the repeal of the Act of 1824, prohibiting non

commissioned officers and privates of the City Guard of Charleston from

voting.

Mr. EAVES, from the Committee on the College, Education, and Religion,

to which had been referred so much of the Message of his Excellency the

Governor No. 2, as relates to the College Commencement, submitted a Re-

port recommending the Senate to attend the same, and submitted certain ar

rangements therefor ; which was ordered to be printed, and for considera

tion on Monday next.

Mr. MOSES presented the unfavorable Reports of the Committee on the

Judiciary,

On the Petition of sundry citizens of Barnwell, praying that the election

of Commissioners in Equity may be given to the people:

On the Petition of sundry citizens of Barnwell, in relation to the law

of Libel:

On the Presentment of the Grand Jury for Sumter District, Spring Term,

1844, in reference to the hiring to Negroes of their own time, of fines in the

Court of Sessions, and compensation to State witnesses:

On the Petition of Thomas Montgomery, praying compensation for attend,

ing as a witness on the part of the State:

On the Presentments of the Grand Jury for Richland District, Fall Term,

1844, in relation to Ten-pin Alleys, and treating, &c, at elections:

On the Presentments of the Grand Jury for Marlborough District, Fall

Term, 1844, in reference to the mode of purchasing Cotton by weight as now

used, and to the Books of Accounts of Farmers:

On the Presentments of the Grand Jury for Richland District, Spring Term,

1844, in reference to the violation of the town ordinance as to Tippling

Houses, and in relation to the pay of Jurymen:

On the Presentment of the Grand Jurj for Kershaw District, Spring Term,

1844 ; and for Charleston District, at Fall Term, 1844, on compensation to

State witnesses;

SENATE, SATURDAY, NOVEMBER 30, 1844. 31

On the Presentments of the Grand Jury for Anderson District, at Spring

Term, 1844, in reference to the Confessions of Judgment, and the Jurisdic

tion of trespasses, by Courts of Magistrates and Freeholders : all of which

were ordered for consideration on Monday next:

Also, the favorable Report of the same Committee, on the Presentment of

the Grand Jury for Horry, in relation to recording of the Bonds of District

Officers:

The Committee reported a Bill to require the Official Bonds of District

Officers to be recorded in the office of the Register of Mesne Conveyance of

the district where such officers shall be elected, or appointed to act. The

Report was ordered for consideration on Monday next.

Mr. H. H. THOMSON, from the Committee on Accounts and Vacant

Offices, reported the office of Attorney General ; also, the office of Solicitor

of the Northern and Southern Circuits, as vacant ; also, the following

offices :

Master in Equity for Charleston District;

Commissioner in Equity

For Greenville, Marion,

Colleton, Newberry,

Horry, Spartanburg,

Laurens, Union.

The Report was ordered for consideration on Monday next.

Mr. GREGG presented the Petition of Lucy P. Green, praying to be re

funded a double Tax ; which was referred to the Committee on Finance and

Banks.

Mr. HENEGAN presented the Petition of Citizens of Battallion No. 2,

of the 32d Regiment, South-Carolina Militia, praying a change of their mus

ter ground ; which was referred io the Committee on the Military and Pen

sions.

Mr. BOYCE presented the Petion of Elizabeth Brown, praying to be put

on the Pension List ; which was referred to the Committee on the Military

and Pensions.

Mr. ALLSTON presented the Memorial of the State Agricultural Soci

ety of South-Carolina, asking an appropriation to effect certain objects therein

set forth ; which was referred to the Committee on Agriculture and Internal

Improvements.

Mr. B. F. PERRY presented the Petition of E. M. Spriggs, praying

payment for moneys expended in defending an action at law relative to the

Saluda Turnpike Road:

Mr. C. R. THOMSON presented the petition of David Houser, praying

payment of a balance due to him, under a contract with the Superintendent

of Public Works: and

Mr. WALKER presented the Petition of George Walker, to be refunded

the amount of verdict and costs recovered against him as Superintendent of

Public Works; which were referred to the Committee on Claims and Grei-

vances.

Mr. RIVERS presented the Petition of citizens of St. Andrew's Parish,

praying the alteration of a road; which was referred to the Committee on

Roads and Buildings.

Mr. C. R. THOMSON presented the Petition of the Board of Commission,

ers of St. Mathews, praying additional toll be granted for crossing the Lake,

in connection with McCord's Ferry; which was referred to the Committee on

Roads and Buildings.

32 SENATE, MONDAY, DECEMBER 2, 1844.

Mr. NEEL presented the Counter Petition of Thomas H. Henderson, pray,

ing that Maybin's Bridge may not be re-chartered; which was referred to the


Mr. HENEGAN submitted the Presentment of the Grand Jury of Marion

District, Fall Term, 1844; which was read and was referred to the Committee

on the Judiciary.

Mr. PICKENS submitted the Presentment of the Grand Jury for Edge

field District, Fall Terms 1844; which was read, and

So much as relates to the Court of Equity, was referred to the Committee

on the Judiciary, and

So much as relates to the Commissioners of the Poor, was referred to the

to the Committee on Finance and Banks, and

So much as relates to the Commissioners of Roads, was referred to the


The Senate then proceeded to the

GENERAL ORDERS OF THE DAY.

The Committee on Claims and Grievances was discharged from the con

sideration of the Petition ot John Davis and Orpha Davis, and the same was

referred to the Committee on Accounts and Vacant Offices.

The following Resolution was agreed to by the Senate :

Resolved, That the President of the Bank be requested to inform the Sen

ate, as soon as practicable, what amount is now due by Manufacturing or

other incorporated Companies in this State ; how long since the respective

debts have been contracted, and whether any part of the principal or interest

has been paid. Also, whether the debts are well secured, so that the State

will ultimate!)' suffer no loss.

The Favorable Reports of the Committee on Claims and Grievances,

On the Petition of'Dr. B. B. Sams, praying compensation for a slave exe

cuted :

On the petition of the Hon. Jno. B. O'Neall, praying compensation for a

slave executed :

On the Petition of R. G. Ferrell, praying to be refunded certain moneys

paid byhimifor Jury Tickets; and ^

The Report of the Joint Special Committee on the part of the Senate, on the

Public Printing, were agreed to, and were rdered to be sent to the House of

Representatives for concurrence.

On motion of Mr. HENAGAN, it was Ordered, that when the Senate ad.

journs, it shall stand adourned to meet on Monday next at half-past 9 o'clock.


MONDAY. DECEMBER 2, 1811.

The Senate met at half after 9 o'clock, pursuant to adjournment.

The Clerk read the Journal of the proceedings of Saturday.

The Hon. JOSHUA J. WARD, Senator from All Saints Parish, appeared

in his place in the Senate.

Pursuant to notice, and with leave of Senate, Mr. WITHERSPOON intro

duced a Bill to increase the jurisdiction of the Ordinary, in the division and

partition of real estate? and for other purposes. The Bill received the first

SENATE, MONDAY, DECEMBER 2, 1844.

reading, was referred to the Committee on the Judiciary, and ordered to be

printed.

Mr. McWILLIR, from the Committee on Privileges and Elections, to

which hail been referred the Memorial of James S. Rhett, protesting against

the election of the Senator from Christ Church, submitted a Report, recom

mending that the seal of the sitting member be declared vacant, and recom

mending a new election therefor. The Report was ordered to be printed,

and for consideration to-morrow.

The House of Representatives sent to the Senate for concurrence, the

Report of the Committee on Pensions, on the Petition of James Head, pray,

ing a Pension ; which was referred to the Committee on the Military and

Pensions.

Mr. WITHERSPOON presented the Return of the Commissioners of

Free Schools for York District, for 1844 ; which was referred to the Com

mittee on ths College, Education and Religion.

Mr. RIVERS presented the Return of the Commissioners of Free Schools

for St. Andrew's Parish, for the year 1844 ; which was referred to the same

Committee.

Mr. DeTREVILLE presented the Petition of Carlos Tracy, for permit

sion to apply for admission to the Bar ; which was referred to the Committee

on tin: Judiciary.



November 30th, 1844. \


This House concur with the Senate to appoint a Special Committee to

nominate suitable persons as Electors of President and Vice President of the

United States ; and have appointed Messrs. Herndon, Jamison, Memmin-

oer, Lartigue, Blakeney, Wilson, Holland, Ware, and Means, a Com

mittee on the part of the House, to meet the Committee of the Senate on that

subject

By order of the House; W. F. COLCOCK, Speaker.

Mr. DeTREVILLE offered certain Resolutions in relation to a Special

Agent appointed and sent by the State of Massachusetts to the City of

Charleston, for the purpose of testing the constitutionality of a certain act of

this State, passed cn the 19th day of December, Anno Domini 1835, entitled

*t An Act more effectually to prevent Free Negroes and other persons of

color from entering into this State, and for other purposes." They were

ordered to be printed, and for consideration to-morrow.

Mr. DeTREVILLE gave notice, that on to-marrow, he will ask leave

to introduce a Bill to explain and amend an act commonly called the Habeas

Corpus Act.

Mr. McWILLlE presented the Memorial of the citieens of Kershaw Die*

trict, asking the State to resume her subscription to the South-Carolina Rail

Road Company, in aid of the citizens of said District, in extending the Rail

Road te the town of Camden ; which was referred to the Committee oa

Finance and Banks.

Pursuant to notice, and with leave granted, Mr. ARNOLD introduced a

Bill to alter and amei.d the law as to granting licenses to retailers of spiritu

ous liquors, tavern keepers, and keepers of billiard tables. The Bill received

84 t SENATE, TUESDAY, DECEMBER 3, 1844.

ihe first rending, was ordered to be printed, and was referred to the Conv


The following Message was received from the House of Representatives ;

Ik thb House of Represkntatives, >

December 2, lci44. J

Mr- President and Gentlemen of the Senate :

This House proposes to the Senau> to enter into a ballot for Commissioners

in Equity, tomorrow, at 12 o'clock, M., for the following Districts, viz ;

Greenville, Colleton, Horry, Lexington, Laurens, Marion, Newberry, Spar

tanburg, and Union, and immediately thereafter into a ballot for Master in

Equity for Charleston District.

.' By order of the House: W. F. COLCOCK, Speaker.

The Senate concurred, and returned a Message accordingly.

The Senate joined the procession, and attended the Commencement of the

Bouth-Carolina College.

After the Senate returned to the Senate Chamber, and resumed business,

Mr. PERRY presented the Return of the Commissioners of Free Schools

for Greenville District, for the year 1844 ; which was referred to the Corn*

mittee on the College, Education and Religion.

On motion ol Mr. DAVID, it was Ordered, that when the Senate adjourns,


On motion of Mr. F1CKL1NG, the Senate adjourned.

, TUESDAY, DECEMBER 3, 184<1,



The I louse of Representatives sent to the Senate for concurrence,

The Report of the Medical Committee of that House, on the Petition of

Dr. Thos. Teague, praying compensation for a post mortem examination :

The Report of the same Cmomittee, on the Account of Dr. L, C.

Duncan, for a post mortem examination :

The Report of the same Committee, on the Account of Dr. J. W.

Tarrant, for a post mortem examination :

The Report of the same Committee, on the Account of Dr. James O,

Hagood, for a post mortem examination :

The Report of the same Committee, on the Account of Dr. W. S. John

son, for a post mortem examination :

The Report of the same Committee, on the Account of Dr. J. E. Bignon,

for a post mortem examination :

The Report of the same Committee, on the Account of Dr. J. W. Tarrant,

for a post mortem examination :

The Report of the same Committee, on the Account of Dr. Peter Porcher,

for a post mortem examination : all of which were referred to the Committee

on the Lunatic Asylum and Medical Accounts i Also,

The Report of the Committee of Ways and Means, on the Abstract of

Expenditures by the City Council of Charleston, for the Transient Poor,

which was referred to the Committee on Finance and Banks.

The House of Representatives also sent to the Senate :

A Bill to amend an Act concerning the Public Works, passed on the

SENATE, TUESDAY, DECEMBER 3, 1844. 35

eighteenth day of DecoTiber, one thousand eight hundred and twenty-nine.

The Bill received the first reading, and was referred to the Committee oa


Mr. BUCHANAN presented the Petition of J. M. Rutland, praying

permission to erect a fire-proof building on the Court House lot in Winns-

borough ; wliich was referred to the Committee on Roads and Buildings.

Tlie following Resolution, offered by Mr. WITHERSPOON, was agreed

to, and ordered to be sent to the House of Representatives for concurrence :

Resolved, That the following persons be appointed Managers ot Elections

at Clinton, York District, to wit: Robert Wilson, in the place of John

Jackson, resigned ; and that Hugh M. Jackson be appointed in the place of

Isaac Campbell.

Mr. YOUNG, from the Joint Special Committee, appointed on the part

of the Senate to nominate fitaand suitable persons us Electors for President

and Vice President of the United States, submitted a Report, recommending

the following persons, viz : .., I, ,t , . : ., ., ,i ;/

F. H. ELMORE, H. C. YOUNG, LEMUEL BOOZER^

F. W. PICKENS, J. W. HUEY. WILLIAM CAIN.

I.D. W1THERSPOON, J. B. SKIPPER, R. DeTREVILLE. '

The Report was agreed to, and a Message was sent to the House of

Representatives, proposing to go into the election for Electors this day, at

1 o'clock. K:

The House of Representatives returned a Message, proposing to go into

the said election this day, at half-past 12 o'clock: and the Senate concurred

therein, and sent a Message accordingly. . '.. , f\-- .t .s.,/'l},

The President laid before the Senate the Annual Report of the President

of the Bank of the State of South-Carolina, and accompanying documents ;

and also,

The Report of the Comptroller General, and accompanying documents ;

which were ordered to be printed, and were referred to the Committee oit

Finance and Banks.

Mr. NEEL gave notice, that on Friday next, he would ask leave to in

troduce a Bill to alter and amend an Act, passed the 19th day of December,

one thousand eight hundred and twenty-eight, vesting in the Trustees of the

Newberry Academy, the escheated property in said District. ^ .


, In the House of Representatives, December 3, 1844.

Mr. President, and Gentlemen of the Senate : , . . '

This House asks leave,of your House to recommit the Report of the

Joint Committee on the Public Printing.

By order of the House : ', , i

...... . . . W. F. COLCOCK, Speaker.

The Message was ordered to lie on the table.

Pursuant to Messages interchanged, the Senate at 12 o'clock proceeded)

to the Rupresentative's Hall, and joined the House of Representatives in bal

loting for Commissioners in Equity for Greenville, Colleton, Horry, Laurens,

Marion, Nowberry, Spartanburg, and Union. Messrs. Aiken and Allstokj

were ap;> >mted the Committee on the part of the Senate, to count the votes,

Mr. Aiken, from the Committee, reported that the following persons bad

86 SENATE, TUESDAY, DECEMBER 3, 1844.

received the majority of voles, and "were therefore duly elected for the fol#

lowing districts, viz. :

THOMAS P. BUTLER, for Greenville,

L. J. JONES, for Newberry, . .

T. 0. P VERNON, for Spartanburg,

A. CAMPBELL, (or Collelon,

JAMES BEATY, for Horry, '

THOS. EVANS, for Marion; and that neither candidate

received a majority for the districts of Laurens and Union.

The Senate immediately after the election for Commissioners in Equity,

proceeded to the Representative Chamber, and joined the House of Repre

sentatives in ballottiug for Master in Equity for Charleston district. Messrs.

Appleby and Arnold, were appointed a- Committee on the part of the

Senate, to count the votes. Mr. Appleby, from the Committee, reported

that E. R. Laurens had received a -majority of votes, and was duly elected.

At the I our designated by Messages interchanged between the two

Houses, tho Senate joined the House of Representatives in the Represen*

tative Chamber, in ballotting for Electors of President and Vice President

of the U. S. Messrs. Blake and Boozer, were appointed a Committee

on the part of the Senate, to count the votes.

The following Message was received from the House of Representatives !

In the House of Representatives, 3d December, 1844.

Mr. President, and Gentlemen of llie Senate :

This House requests Senate to return the Petition of J. W. Johnson.,

sent to your body in 1837, with the Report of the Committee on Claims

thereon.

By order of the House :

W. F. COLCOCK, Speaker,

The Senate concurred in the Message.

REPORTS OF COMMITTEES.

Mr. MOSES, from the Committee on the Judiciary, to which had been re

ferred the Petition of James Bell, praying the confirmation of his title to a

house and lot conveyed to him before he was naturalized, reported:

A Bill to vest the riglit and title of the State, in and to a certain house and

lot in the village of Darlington, in James Bell; the Bill received the first read

ing, was ordered to be printed, and for a second reading to-morrow.

Mr. MOSES also presented the Reports of the Committee on the Judiciaryi

On the Report of the Solicitor of the Eastern Circuit, on the office of

Commissioner in Equity for Georgetown, asking to be discharged from the

further consideration thereof, and

On the Presentment of the Grand Jury of Darlington, on the bonds of

District Offices, asking to be discharged from the further consideration there

of. The Reports wrre ordered for consideration to-morrow,

Mr. W1THERSP00N presented the unfavorable Report of the Commit

tee on Roads and Buildings on the Petition of James White, Trustee for Eme

tine Walkington, praying that the charter of the Jacksonboro' Ferry may be

vested in him; which was ordered for consideration to-morrow.

Mr. H. H. THOMSON, from the Committee on Accounts and Vacant

SENATE, TUESDAY, DECEMBER 3, 1844.37

Offices, reported the office of Treasurer of the Upper Division vacant. The

Report was ordered to lie on the table.

Mr. MOSES, in behalf of the President of the South-Carolina Rail Road

Company, presented to the Senate a Map of the Georgia Kail Road and all

the Rail Roads connected therewith, and asked leave to be permitted to put up

the same in the Senate Chamber: Th . Senate accepted the Map and granted

leave accordingly.

M r. FELDER presented the Petition of the Rev. Win. B. Villard, pray,

ing compensation for the developement of the Agricultural resources of the

State; wnich was referred to the Committee on Agriculture and Internal Im

provements.

Mr. HUEY presented the Petition of a number of citizens of Lancaster

: nd Chesterfield Districts, praying an amendment of the law in relation to the

passage nf fish up Lynch's Creek; which was referred to the same Committee.

Mr. HUEY presented t he Pctitioiof a number of the citizens of Lancaster

District, praying that the bonds taken by the Superintendant of Public Works

for the purchase of the Catawba Lands under the Act of 179t>, and the Act of

1819, be given up and cancelled, aud also that the title of the State to the

above lands under those acts be quieted; which was referred to the same

Committee.

Mr. C. R. THOMSON presented the Petition of sundry citizens within

ten miles of the State Road, praying to have theirgrants for vacant lands con

firmed, or the act of 1819, relating to the same repealed; which was referred

to the same Committee.

Mr. GREGG presented the Accountof W. W. Purse for work done on

the Senate Chamber; which was referred to the Committee o Claims and

Grievances;

And, the Account of W. W. Purse for work in the Surveyor General'*

office; which was referred to the same Commmittee.

Mr. FELDER presented the Petition of Benj. Hart, praying payment of

an account for hire of servants for the State House; which was referred to tha

same Committee. : *

Mr. ALLSTON presented the Account of the Winyaw Observer newspa

per for printing for the State; which was referred to the same Committee.

Mr. RIVERS presented th^Memorial of the people of St. Andrew's Par.

ish praying that the prayer of the joint memorial 61 tlx; City Council and citi

zens of Charleston, for the erection ofa Bridge over Ashley river may not be

granted; which was referred to the Committee on Incorporations and Engros

sed Acts.

Mr. BOYCE prese/)ted the Petition of the Merchants' Library Society of

Charleston for Incorporation which was referred to the same Committee.

Mr. GREGG presented the Annual Report of the Regents nf the Lunatio

Asylum; which was referred to the Committee on the Lunatic Asylum and

Medical Accounts, and was ordered to be printed.

Mr. BUCHAN \N presented the Petition of Dr. Tims. J. Robertson, pray

ing compensation for a post mortem examination; which was referred to the

same Committee.

Mr. ALLSTON presented the Report of the Commissioners of the Poor

for Georgetown District, on the disbursement of the 'ransient poor fund for

.that dtstri-t; which was referred to the Committee on Finance and Banks.

Mr. HUEY [(resented this petition of sundry citizens of Lancaster Dis.

irict, praying an amendment of the Constitution of this State, so as to have


but one day of election : and also the Petition of sundry citizens of Lancas

ter District, praying an additional place of election ; which were relerred to

the Committee ou Privileges and Elections.

Mr. HUEY presented the Petition of a number of citizens of the lower

battalion 21st Regiment South-Carolina Militia, praying the repeal of the

Brigade encampment system ; and tha Petition of the Officers of the t.ame

Regiment, to the same effect ; which were referred to the Committee on the

Military and Pensions.

Mr. H. H. THOMSON presented the Petition of sundry citizens of -par-

tanbui'g, praying an alteration of the license law; which was referred to

the Committee on the Judiciary.

Mr. NEEL presented the Petition of sundry citizens of Newberry Dis

trict, praying an amendment of the law in relation to Hawkers and Pedlers ;


Mr. RHAME presented the Petition of the Commissioners of the Poor for

Clarendon, praying to be released from a penalty incurred for neglecting to

make a return to the Court of Common Pleas; which was referred to the

same Committee.

Mr. ALLS TON presented the Petition of certain citizens of the District

and Inhabitants of the town of Georgetown, praying that the 3d section of

an .t Act to amend an Act for the Incorporation of the town of George-

town, passed in 1823, may be repealed ; which was referred to the .same

Committee : and also the Memorial of the Town Council and citizens of

Georgetown, praying that the third section of the Act of 1823, may not be

repealed ; which was referred to the same Committee.

Mr. FELDER presented the Return of the Commissioners of Free

Schools for Barnwell District, for the year 1844 ,. which was referred to tho

Committee on the College, Education and Religion.

Mr. BUCHANAN presented the Return of the Commissioners of Free

Schools for Fairfield DisMict, for the year 1844 ; which was relerred to the

same Commit ti e.

Mr. WARD presented the Return of the Commissioners of Free Schools

for All Saints Parish, for 1844; which was referred to the same Com

mittee. t .

SPECIAL ORDER.

A Bill to prescribe the mode of choosing on the part of this State, Elec

tors of President and Vice President of the United States, an.l give the

election of such Electors to the people ; which had been made the special

order for this day, at 1 o'clock; was, on motion of Mr. PERRY, made the

special order for Thursday next.

The Senate proceeded to the


A Bill to regulate the Auditing of Contingent Accounts against the State,

,was referred to the Committee on Accounts and Vacant Offices.

A Bill to require the Official Bonds of District Officers, to be recorded

in the office of the Register of Mesne Conveyance of the District, where

such officers shall be elected or appointed to act; which had been reported

by the Committee on the Judiciary, to which had been r ferred the Present

ment of the Grand Jury of Horry, in relation to the recording of Bonds of

public officers ; received the first reading, was ordered to be printed, and

for a second reading to-morrow.


The Report of the Committee on Privileges and Elections on the Memo

rial of James S. Rhett, contesting the seat of the sitting member from Christ

Church Parish, Was on motion of Mr. CAIN, ordered to lie on the table.

Tiie Reports of the Committee on Accounts and Vacant Offices, announ

cing certain offices to be vacant, were ordere I to lie on the table.

The following unfavorable Reports were agreed to by the Senate :

The Report of the Committee on :he Judicary, on the Presentment of the

Grmd Jury for Kershaw District, Spring Term, 1844, and lor Charleston

District, at Fall I'erm, 1844, o i compensation to State witnesses:

The Report of the same Committee, on the Presentments of the Grand

Jury for Anderson District, at Spring Term, 1844, in reference to Confes

sions ofJudgments and the Jurisd ction of Trespasses by Courts of Magis

trates and Free holders :

The Report of the same Committee, on the Presentment of the Grand Jury

of Richlmd District, at Fall Term, 1844, in relation to Ten Pin Alleys and

treating at Elections:

The Report of the same Committee, on the Presentments of the Grand Jury

for Richland District, at Spring Term, 1844, in relation to the violation of

the Town Ordinance as to tippling houses, and in relation to the pay of Jury

men:

The Report of the same Committee, on the Presentments ofthe Grand Jury

for Marlboro' District, at Fall Term, 1844, in reference to the mode of pur

chasing Cotton by weight as now used, and 10 the books of accounts of

farmers:

The Report of the same Committee, on the Presentmentsof the Grand Jury

for Sumter District, at Spring Term, 1844, in reference to the hiring to ne

groes of their own time; to fines in the Court of Sessions, and compensation

to Stale witnesses:

The Report of'the same Committee, on the Petition of sundry citizens of

Barnwell, in relation to the law of libel: .

Tne Report of the same Committee, on the Petition of sundry citizens of

Barnwell, praying that the Election of Commissioners in Equity may be given

to the people : and

Tlia report of the same Committee, on Ihe Petition of Thomas Montgom

ery, praying compensation for attending as a witness on the part of the State,

The Preamble and Resolutions introduced by Mr. I)e TREVILLE, in re

ference to the appointment by the State of Massachusetts of a Special Agent

to reside in Charleston, with instructions and authority to institute proceed

ings at the expense of the said State, to test the constitutionality of a certain

Act of this State, passed on the I9lh day of Dec. 1835, entitled "An Act more

effectually to prevent Free Negroes and other persons of color from e tering

into this State, and for other purposes,"were before the Senate for consideration.

Mr. PERRY moved that the Preamble and resolutions, and the Commu

nication from his Excellency the Governor, in relation to the same subject,

be laid upon the table ; which question was ordered to be taken by Yeas and

Nays, and they are as follow :

Those who voted in the affirmative are:

Messrs. Appleby, Messrs. Felder, Messrs. Perry,

Arnold, Huey, Rhame,

David, MeWiIlie, Skipper,

Eaves, Mellard, C. R. Thomson,

Elfe, Moses, H. H. Thomson :

Evins, Neel, 17.


Those who voted in the negative are :

The Hon. A. Patterson, President, and

Messrs. Boyce, Messrs. Gist, Messrs. Murray,

L Buchanan, Gourdin, Rivers,

Buford, Gregg, Walker,

Cain, Hanna, Ward,

DcTreville, Henegan, Washington,

Fii kling, Hibben, Witherspoon,

Frampton, Johnson, . Young—22.

The motion to lay on the table was therefore lost.

Mr. AIKEN, who was absent when tlie vote was taken, was permitted by

the Senate to record the vole he would have given if he had been present,

and voted in the nega'ive.

Mr. I'ICKLSNS moved that the Preamble and first Resolution, and the

Communication of the Governor on the same subject, be referred to the

Committee on the Judiciary ; which question was ordered to be taken by

Yeas and Mays, and they are as follow :

Those who voted in the affirmative are :

Messrs. Aiken, Messrs. Evins, Messrs. Ncel,

Appleby, Felder, Perry,

Arnold, Gregg, Pickens,

lioyce, Hanna, Rivers,

Buford, Hibben, Skipper,

David, Huey, C. R. Thomson,

Eaves, McWdlie, H. H. Thomson,

Elfe, Mellard, Wiiherspoon-24.


The Hon. \. Patterson, President, and

Messrs. Allston, Messrs. Gist, Messrs. Rhame,

Buchannan, Gourdin, Walker,

Cnin, Henagan, Ward,

DeTreville, Johnson, Washington,

Fickling, Moses, Young—18.

Frampton, Murray,

The motion to refer the Preamble nnd first Resolution, and the Governor's

Message to the Committee on tho Judiciary, was therefore rarried.

The remaining Resolutions were referred to the Committee on Federal Re

lations.

On motion of Mr. BOYCE, it was ordered, that when the Senate adjourns,

it shall st md adjourned to meet to-morrow at 11 o'clock.

On motion of Mr. BOYCE the Senate adjourned.

WEDNESDAY, DECEMBER 4, 1844.

The Senate met at It o'clock, pursuant to adjournment.

The Clerk read the Journal of tlie proceedings of yeste:day.

The House of Representatives sent to the Senate for t onciirrence,

The Report of the'CornmiUee on Claim- of the House of Representatives,

on the Account of C. H. Allen for advertising the General Election and

Other public printing:

SENATE, WEDNESDAY, DECEMBER 4, 1844. 41

The Report of the same Committee, on the Account of the Clerk of the

Court of Appeals at Columbia :

The Report of the same Committee, on the Account of James L. Orr, for

public printing:

The Report of the same Committee, on the Petition of Mary Thorn, pray-

ing compensation for a slave executed:

The Report of the same Committee, on the Petition of Harmnn Garrett,

praying compensation lor two slave executed:

The Report of the same Committee, on the Petition of R. G. Ferrell, pray,

ing compensation for services rendered:

The Report of the same Committee, on the Petition of Edrnond Jones

and A. W. Jones, representatives John Jones, praying compensation for a

negro slave executed:

All of which were referred to the Committee on Claims and Grievances.

The House of Representatives also sent to the Senate,

A Bill to exempt the Pilots of the Bar and Harbor of Chariest n from Jury

duty. The bill received the first reading in the Senate, and was referred to the


On motion of Mr. DAV.D, a Message was sent to the House of Repre

sentatives, proposing to go into another ballot fo;- Commissioners in Equity

for Laur-us and Union Districts, this day at 1 o'clock.

The Committee on Accounts and Vacant Offices was discharged from the

further consideration of the Pet tion of John Davis and Orpha Davis, praying

compensation for attempt') to capture certain offenders against the laws.


Mr. MOSES, from the Committee on the Judiciary, to which had been re-

ferred "A Bill to increase thejur'sdiction ofthe Ordinary in the division and par.

tition of real estate, and for other purposes." submitted a Report, recommend

ing the passage of the Bill. The Hill was ordered for a second reading to

morrow, and the Report was order d to be, printed.

Mr. MOSES submitted the Report of the Committee on the .In ficinry, on

"A Bill to alter and amend the law as to granting licences to retailers of spir.

ituous liquors, tavern keepers and keepers of billiard tables." recommending

that the Bill do not pass. The Report was ordered for consideration to.mor-

row, and to be printed.

Mr. MOS/S presented the unfavorable Report of the same Committee on

the Petition of Carlos Tracy, praying to be permitted to apply for the Bar;

which was ordered for consideration to-morrow.

Mr. ALLSTON from the Committee on the College, Education and Reli

gion, to which had been referred so much of the Message No. 1 of His Ex

cellency the Governor, as relate* lo Education, submitted a Report :

A id the Committee also Reported a Bill to provide for the supervision of

the Free Schools. The Bill received the first reading, and was ordered for

a second reading to-morrow, and the Bill and Keport were ordered to bo

printed.

Mr. H. H. THOMSON presented the Report of the Committee on Ac.

counts and Vacant Offices, on a Bill to regul. le the auditing of contingent ac

counts against the State, recommendin : the passage of the Bill. The Report

was ordered for consideration to-morrow. .

Mr. ELFE gave notice that on to-morrow he will ask leave to introduce

42 SENATE, THURSDAY, DECEMBER 5, 1844.

a Bill to authorize the City Council of Charleston to establish a Bridge over

Ashley River, ;ind for other purposes therein mentioned.

Mr. B AKE from the Committee to count the votes for Electors of Pres.

ide t and Vice President of the United States, Reported the following persons

duly I'll- ted, viz :

F. H. ELMORE, H. C. YOUNG, LEMUEL BOOZER,

F. VV PICKENS, T. W. HUKY, WILLIAM CAIN,

I. D. WITHER POON, J. B. SKIPPER, R. DeTREVILLE.

Mr MeWlLLIE gave notice that on to- mi >r row he will ask leave to intro

duce a Bill a king the State to'resume her subscription to the South-Carolina

Rail Road Company in aid of the Company in constructing a Branch of the

Road from Charleston to Columbia to the town of Camden, on certain condi-

tions.

Mr. C. R. THOMSON presented the Return of the Commissioners of

Free Schools tor St. viathcw's Parish, for 1H44 : and

And, Mr. GREGG presented the Return of the Commissioners of Free

Scho >ls for Richland District, for 1844; and they were rclcrred to the

Committee on the College, Education and Religion.

Mr WARD presented the Petit on of the Members of the All Saints

School S iciety. praying incorporation; which was referred to the Committee

on Incorporations and Ei grossed Acts.

Mr. McWILLIE called up from the table the Report of the Committee on

Privileges and Elcciions, on the Memorial of -lames S. Rhett, contesting the

seat of the sitting Member from Christ Church Parish, r,nd the Report was

before the S nate for consideration, when on motion of Mr. BOYCE, it was

order d to lie on the table.



The Coinnrttee on the Judiciary was discharged from the further consider-

ation of the Repent of the Solicitor of the Eastern Circuit on the office of the

Commissioner in Eq'.nty for Georgetown; and the same Committee was dis

charged iroin the further consideration the Presentment of the Grand Jury of

Darlington, on the Bonds of District O cers.

A Bill to vest the right and title of the State in and to a certain House and

Lot in the vi luge of Darlington, in James Bt ll, which had been reported by

the Committee on the Judiciary, received the second reading in the Senate,

was agreed to, and was sent to the House of Representatives.

On motion of Vlr. FICKLING, it was Ordered, hat when the Senate ad

journs, it shall stand nrfj mi ned to meet to-morrow, at 12 o'clock.

On motion of Mr. FELDER,

The Senate adjourned.

THUKSDAY, DECEMBER 5, 1844.

The Senate metal 12 o'clock, pursuant to adjournment.


The lollowing Message was received from the House of Representatives :

In the House of Representatives, December 4, 1344.

Mr. President, and

Gentlemen of the Senate :

This House asks leave of your House to recommit the Report of the

SENATF, THURSDAY, DECEMBER 5, 1844. 43

Joint Committee on Public Printing, for the purpose of dividing the printing

of the two Houses.



The Senate concurred, and sent a Message accordingly.

The following Mes.s .ge was also received from the House of Represen

tatives :


Mr. President, and

Gentlemen »f the Senate :

This House proposes to Senate to enter into a ballot for Treasurer of the

Upper Division to-morrow, at half.past 12 o'clock.

Bv order of the House:


The Senate concurred, and a Message wa< returned accordingly.

The House of Representatives sent to the Senate for concurrence,

The Report of the Committee on Internal Improvements of that House,

on the Ki port of the Superintendent of Public Works; which was referred

to the Committee on Agriculture and Internal Improvements : also,

A Resolution, providing for the Appointment of Commissioners for Horse

Creek ; which was referred to the Committee on Agriculture and Internal

Imprnvenie nts.

The H mse of Representatives sent to the Senate, a Bill to extend the

Term of Office of State Reporter. The Bill received the first reading, and

was referred to the Cominitteee on the Judiciary.

Message No. 4 was received from his Excellency the Governor, an-

nouncin^ tint he had no further communication to make to the Legis

lature, and was ordered to lie on the table.

Mr. MOSES gave notice, that on Saturday next, he will ask leave to intro

duce a Bill to require the Ordinary for the District of Kershaw to transfer

to the Ordinary of the Sumter District all the Records in his Office pertain*

ing to the latter district, prior to the establishment of a Court of Ordinary

therelbr.

Pursuant to notice, with leave of Senate, Mr. ELFE introduced a Bill

to authorize the City Council of Charleston to establish a Bridge over Ashley

River, and for other purposes therein mentioned. The Bill received the

first reading, was referred to the Committee on Incorporations and Engrossed

Acts, and was ordered to be printed.

Pursuant to notice, and with leave of Senate, Mr. McWILLIE intro

duc. d a Hill to authorize a subscription, on the part of the State, to a Branch

Railroad to Camden, from the South-Carolina Railroad. The Bill received

the first reading, and was referred to the Committee on Finance and Banks,

and was ordered to be printed.

The PRESIDENT laid before the Senate the Report of the Attorney

General, on the publication of the Bank Case, transmitting a copy of the

volume ; which was referred to the Committee on the Judiciary

The PRESIDENT al-o laid before the Senate the Report of the Attorney

General on District Officers and Offices in Charleston District, for the year

1844; whi"h was referred to the same Committee.

Mr. YOUNG presented the Petition of the Commissioners of the Public

44SENATE, THURSDAY, DECEMBER 5, 1844.

Buildings of Laurens District, praying that they may be authorized to execute

titles to a lot of laud in the Village of Laurens; which was referred to the

same Committee.

The PRESIDENT laid before the Senate the Report of the Solicitor of

the Southern Circuit, on Disirict Officers and Offices in that Circuit; which


Mr. SKIPPER prese' ted the Petition of Citizens of Horry District, pray

ing that the Petition of Cader Hughes, for compensation for clearing out

Lake Swamp, may not be granted; which was referred to the Committee on


Mr. ELFE presented the Report of the Secretary of Slate, on the condi

tion of the Offices in Charleston and Columbia; which was referred to the

Committee on Roa s and Buildings.

Mr. EAVES presented the Petition of Mrs. R. Morris, praying the re-

charter of the Fish Dam Ferry across Broad River, in Chester District;

which was referred to the sam&Committee.

Mr. NEEL presented the Petition of Frederick Johnston, praying com

pensation for damages sustained by him, in cousequence of a pttblic road run-

niug through his plantation; which was referred to the Commitee on Claims

and Grievances.

Mr. DARGAN presented the Petition of William Wingate, Sheriff of

Dar ington District, praying to be remunerated f r expenses incurred in

bringingto Columbia a prisoner, convicted of murder, for the purpose ot being

heard on a motion for u new trial; which was referred to the same Com

mittee.

Mr. MOSES presented the Petition of Thomas J. Wilder, Sheriff of Sum-

ter, praying compensation for a horse lost while on official duty; which was


Mr. GREGG presented the Petition of Dr. D. W. Ray, of Richland Dis

trict, praying compensation for a post mortem examination, in obedience to

the requisition of a Coroner's Jury^ which was referred to the Committee on

the Lunatic Asylum and Medical Accounts.

Mr. AIKEN presented the Petition of Bernard E. Bee, concerning the

Ludlnm School Fund; which was referred to the Committee on the College

Education and Religion.

Mr. M ELL A RD presented the Report of the Vestry of St. James, Goose

Creek Parish, on tin: Ludhtm School Fund, for the year 1844; which waa


Mr. FELDER presented the Return of the Commissioners of Free Schools

for Orange Parish, for the year 1844; which was referred to the same Com

mittee.

Mr. ELFE presented the Petition of Myra Reid, a free person of color,

praying for a confirmation of titles; which was referred to the Committee on

the Judiciary.

Pursuant to Messages, the Senate, at half-after 12 o'clock, proceeded to

the Representative Ch.imber, and joined the House ot Representatives in

ballottmg for Treasurer of the Upper Division. Messrs. Bovck and

Buchanan were appointed a Committee on the part of the Senate to

count the votes. \tv. BOYv'E, from the Committee, reported that neither

candidate had received a majority of votes, and there was, therefore, no

election.

On motion of Mr, YOUNG, a Message was sent to the House of Rcpre

SENATE, THURSDAY, DECEMBER 5, 1844.45

sentatives, proposing to go into another ball ot for Commissioners in Equity,

for Laurens and Greenville, this day immediately after the ballot for Trea*

surer ; and the House of Representatives, having returned a Message of

concurrence, the Senate, at the hour appointed, joined the House of Repre

sentatives in balloting' therefor. Messrs. Bufokd and Cain were ap*

pointed the Committee on the part of the Senate to count the votes.

On motion of Mr. H. H. THOMSON, a Message was sent to the House

of Representatives, proposing to go into the election of Governor, on Sntur*

day next at 12 o'c'ock ; and immediately thereafter, for Lieutenant Governor.

The following Message was returned by the House of Representatives :


December 5, 1844. \


This House concurs with Senate, to enter into a ballot for Governor on

Saturday next, at 12 o'clock M., and immediately thereafter for Lieutenant

Governor.

This House proposes to Senate to enter into a ballot for Superintendent

of Public Works, to-morrow at 1 o'clock, P. M.

By order of the House,


The Senate concurred in that part of the Message, referring to the elec

tion of Superintendent of Public Works, and sent a Message accordingly.


Mr. McWILLIE presented the Report of the Committee on^ Privileges

and Elections, on the Memorial of Sundry Citizens of St. Luke's, in rela-

tion to the Election of Senator from that parish ; which Report asks leave

for the Memorialists and sitting member to send for persons and papers, and

authorize them to take out commissions to examine witnesses. The Report

was agreed to. . 1


ferred a Bill to alter and amend the law in relation to the pleadings and

practice of courts of record, submitted a Report, recommending the passage

of the bill, with the exception of tho first and third clauses of the Bill. The

Report was ordered for consideration to-morrow.

Mr. MOSES, from the same Committee, to which had been referred the

Presentment of the Grand Jury of Sumter, Fall Term, 1844; and also a Bill

to amend an Act entitled an Act to amend the Act of one thousand seven

hundred and eighty-eight, commonly called the Prison Bourds Act, passed

the 19th day of December, 1833; submitted a Report, recommending the

passage of the Bill. The Report was ordered for consideration to-morrow,

and to be printed.

Mr. MOSES presented the favorable Report of the same Committee, on

the Petition of -the Commissioners of the Poor for Clarendon, praying to be

excused from liability to a fine incurred in neglecting to make a return to

the Court of Common Pleas;

Also, the unfavorable Report of the same Committee, on the Petition of

sundry citizens of Newberry District, praying an amendment of the law in

relation to Hawkers and Pedlars :

Also, the unfavorable Report of the same Committee, on the Petition of

citizens of York District, praying that the Criminal Law may be so amended,

46SENATE, THURSDAY, DECEMBER 5, 1844.

as to suppress certain offences: All of which were ordered for considera

tion to-morrow. . ,

Mr. BOOZER, from the Committee on Agriculture and Internal Improve

ments, to which had been referred the Petition of John W. Leak, reported

a Bill to permit John VV. Li:ak to erect Mills on Thompson's Creek, near

Cheraw. The Biil received the first reading, and was ordered for a second

reading to-morrow, and to be printed.

Mr. BOOZER, from the same Committee, to which had bên re'erred a Bill

to amend an Act concerning the Public Works, passed on the eight, en.h day

of December, one thousand eight hundred and twenty.nine, submitted a Re

port, recommending the passage of the Bill ; which was ordered for conside-

ration to-morrow.

Mr. BOOZER presented the favorable Report of the same Committee, on

the Report ot the Superintendent of Public Works : and the unfavorable

Reports of the same Committee,

On the Petition of sundry citizens of Horry District, praying an appropria

tion for clearing out Crnnnerse's Swamp :

On the Petition of the Commissioners of Little Peedee River, for an ap.

proprialion for clearing out that River; and the Petition of citizens of Ma

rion District to the same effect:

On the Petition of a number of citizens of Lancaster and Chesterfield Dis

tricts, praying au amendment of the Act of 1841, in relation to. the obstruc

tions to the passage of fish up Lynch's Creek :

On the Petition of William B. Villard, praying compensation for the develop,

ment of the Agricultural resources of South-Carolina : All of which were or

dered for consideration to-morrow.

Mr. PERRY presented the Rnport of the Committee on Finance and

Banks, on the Report of the Committee of Ways and Means of the House

of Representatives, on the Abstract of expenditure by the City Council of

Charleston, for the Transient Poor : and also,

The Report of the same Committee, on the Report of the Committee of

the City Council of Charleston, on the expenditure of the Transient Poor

Fund ; which were ordered for consideration to-rr;orrow.

Mr. BUCHANAN presented the favorable Report of the Committee on

the Military and Pensions, on the Report of the Committee on Pensions of

the House of Representatives, on the Petition of James Head, praying a pen

sion : and the unfavorable Report of the same Committee,

On the Petition of Nancy Chapman, praying a pension ; which were ordered

for consideration to-morrow.

Mr. WITHERSPOON presented the unfavorable Reports of the Commit-

tee on Roads and Buildings, on a Resolution of enquiry as to the expediency

of repealing the 14th Section of the Road Law, passed in December, 1843 :

and , . .

On the Petition of sundry citizens of St. Luke's Parish, to the same

effect j which were ordered for consideration to-morrow.

SPECIAL ORDER. '

The Senate proceeded to the Special Order for this day—a Bill to pre.

scribe the mode of choosing on the part of this State Electors of President

and Vice President of the United States, and give the election of surh Elec

tors to the people 5 and on motion of Mr. MOÊS, the Senate reso vud itself

into a Committee of the Whole, Mr. WITHERSPOON in the chair. Mr.

SENATE, FRIDAY, DECEMBER 6, 1844. 47

WlTHERSPOON, from the Committee, repoited progress, and asked leave

of the Senate to si> again to-morrow, at 1 o'clock, and the same was ordered.

Mr. BUFORl), from tlie Comintttee to count the votes for Commissioners

in Equity for Union and Laurens Districts, reported that W. R. Farley

had received a majority of the voles, and was elected for Laurens District ;

and that neither of the candidates had received a majority of the votes for

Commissioner in Equity for Union District.

Pursuant to notice, »nd with leave granted, Mr. DeTREVILLE introdu.

ced a Bill to aJieranU explain an Act, entitled '. An Act for the bi tter .secur

ing the liberty of the subject, and for the prevention of imprisonment beyond the

seas," made of force in this Sta'e. The bill received the first reading, was

referred to the Committee on the Judiciary, and was ordered to be printed.

The Senate proceeded to

The unfavorable Report of ihe Committee on Roads and Buildings, on

the Petition of James White, trustee for Emetine VValkington, praying the

charter of Jacksonboro' Ferry, for the benefit of said Emeline VValkington,

was before- the Senate for consideration.

Mr. FELDER moved to amend the Report, by striking out the words

" should not ;" and the same was agreed to. The Report, as amended,

recomitlends that the prayer of the Petitioner be granted, and the same, as

amended, w as agreed to, and was ordered to be sent to the House of Repre*

sentatives for concurrence.

The House of Representatives sent to the Senate the Report of the Com-

mittee on Federal Relations, on the communication of the Governor, trans*

mitting a letter from Samuel Hoar, an agent from the State of Massachusetts.

The immediate consideration of the Report was ordered, and Mr. PERRY

moved that it be printed, and be made the special order of the day for to

morrow, at 12 o'clock. The motion was dis igieed to. The Report and

Resolutions were then concurred in by the Senate, and were ordered to be

returned to the House of Representatives.

A Message was received from the House of Representatives, proposing to

go into another ballot for Treasurer of the Upper Division, this day, at

3 o'clock, P. M. ; and immediately thereafter for Commissioners in Equity

for Union. Tiie Message was ordered to lie on the table.

On motion of Mr. WlTHERSPOON, it was

Ordered, That when the Senate adjourns, it shall stand adjourned to meet

to-morrow, at eleven o'clock.

On motion ot Mr. HENAGAN,

The Senate adjourned.

The Clerk road the Journal of the proceedings of yesterday.


The Report ol the Committee on Pensiuns of that House, on the Petition

of Mary Liird :

The Report of the Committee on Pensions of that House, on the Petition

of Elias Hollingsworth : and

THE GENERAL ORDERS OF THE DAY.

FRIDAY, DECEMBER 6, 1844.

48 SENATE, FRIDAY, DECEMBER 6, 1844.

The Report of Committee on Pensions of that House, on the Petition of

Frances E. Reeves ; which were referred to the Committee on the Military

and Pensions.

The [louse of Representatives also sent 10 the Senate for concurrence,

The Report of the Committee on Claims of that House, on the Petition

of the Rev'd. Joseph J. Lawton, praying compensation for a slave executed ;

also, the Report of the same Committee of that House, on the Account of

A. S. Willington & Co , for printing; which were referred to the Com

mittee on Claims and Grievances :

Also, the Report of a Special Committee, consisting of ihe Delegation

from Edgefield, on the subject of the Poor House ; which was referred to


The House ofN Representatives returned to the Senate, the Report of the

Committee on Claims and Grievances, on the Petition of Dr. Berners B.

Sams, in which it had concurred.

The House of Representatives also sent to the Senate, a Bill to amend An

Act to incorporate a Provident Institution for Savings, in the City of Charles*

ton. The bill received the first reading, and was referred to the Committee

on Incorporations and Engrossed Acts.

The following Message was received from the House of Representatives i

Ik the House of Representatives, . i

December 5, 1844. $

Mr. President and Gentlemen of the Senate;

This House has appointed Messrs. Carew, Wallace, Tandy Walker,

Means and Wilson, a Special Committee on the part of this House, to

nom inate suitable persons for a President and twelve .Directors of the Bank

of the State of South-Carolina, and request Senate to appoint a similar Com

mittee to meet the Committee of the House on that subject.


W. F. COLCOCR, Speaker.

The Senate concurred, and sent a Message accordingly, informing the

Houss that Messrs. Mosses, DeTreville, Arnold, Aiken, and Buchanan

had been appointed the Committee on the part of the Senate.

Mr, McWILLIE called up from the table the Report of the Committee

on Privileges and Elections, on the Memorial of James S. Rhett, contesting

the seat of the sitting member from Christ Church Parish. The Report

declares the seat vacant, and resommends that a writ of election do issue

forthwith, to supply the vacancy.

Mr. BOYCE moved that the Report be amended, so that the election be

held on the second Monday in January next ; and the amendment was

adopted, and the Report agreed to.

The PRESIDENT laid before the Senate the Annual Report of the

Solicitor of the Western Circuit, concerning District Offices and Officers in

that Circuit; which was referred to the Committee on the Judiciary.

Mr. NEEL, pursuant to notice, with leave, introduced a Bill to alter and

amend An Act, passed the nineteenth day of December, one thousand eight

hundred and twenty-eight, vesting in the Trustees of the Newberry Academy,

the escheated property in the District of Newberry. The bill received the

first reading, and was referred to the Committee on the Judiciary.

Mr. BOYCE presented the Petition of the Printers of Charleston, praying

to be exempted from Militia duty ; which was referred to the Committee on

the Military and Pensions.


Mr. BOYCE presented the Memorial of the Charleston Bridge Company,

against the erection of a Bridge across Ashley River ; which was referred

to the Committee on Incorporations and Engrossed Acts.

Mr. FICKLING presented the Account of the Clerk of the Senate, for

stationery for the Senate for 1844 ; which was relerred to the Committee on

Claims and Grievances.

Mr. VV. M. MURRAY presented the Petition of the Agricultural Society

of St. John's, Coileton, praying for the continuation of the Agricultural Sur

vey ; which was referred to the Committee on Agriculture and InUatnal

Improvements.

Mr. PICKENS presented the Petition of sundry citizens of Edgefield,,

praying to open a new Road to the Town of Hamburg : also,

Tht Petition of sundry citizens of Hamburg, and the surrounding country,

praying for a new Road to be opened ; which were referred to the Com

mittee on Roads and Buildings : also,

The Counter Petition of sundry citizens from Hamburg, and the vicinity,

against the opening of the new Road to said Town ; which was referred to

the Committee on Roads and Buildings.

Mr. ARN0L3 presented the Petition of sundry citizens of Abbeville Dis

trict, praying to have a new Road opened to the Town of Hamburg.

Mr. BUCHANAN presented the Counter Petition of the Commissioners

of Public Buildings, and others, against the erection of any Building on the

Court House lot in Winnsborough.

Mr. DARGAN presented the Petition of John S. Cannon, praying for a

recharter of his Ferry at Cashua, across the Great Pee Dee River; which

were referred to the Committee on Roads and Buildings.

Mr. HUEY presented the Return of the Commissioners of Free Schools

for Lancaster District, for the year 1844 ; which was referred :o the Com

mittee on the College Education and Religion.

Mr. BOYCE presented the Petition of John Strohecker, and others, in rela

tion to the late Fire and Marine Insurance Company, and the loss of property

on board the schooner Enterprise, caused by British interference ; which was

referred to the Committee on Federal Relations,

Mr. MOSES offered the following Resolution :

Resolved, That the Governor be requested to transmit forthwith to th<;

Governor of Louisiana, and the Governors of the other Slaveholding States,

a copy of the Report and Resolutions of the Committee on Federal Rela

tions of the House of Representatives, on the Communication of the Gover

nor, transmitting a letter from Samuel Hoar, an agent from the State of

Massachusetts, which have been agreed to by both branches of this Legis

lature.

The Resolution was agreed to, and was sent to the House of Represen

tatives for concurrence.

The following Message was received from the House of Representatives :

Ik the House of Representatives, >

December 6, 1844. J


This House asks leave of Senate to amend the Resolution of Senate, re

questing the Governor to transmi. forthwith to the Governor of Louisiana,

and the Governors of the other Slaveholding States, a copy of the Report

and Resolutions of the Committee on Federal Relations of the House of

Representatives, on the Communication of the Governor, transmitting a letter


from Samuel Huar, agent from the Stale of Massachusetts, "by striking out

all af.er the words forthwith to the," and inserting the following: '-Gover

nors of the several States and Territories, a copy of his Message No. 3

to the Legislature, communicating the letter of Samuel Hoar, agent of the

Stale of Massachusetts; and also the Report of the Committee on Federal

Relations of the House of Representatives thereon, which has been agreed ,

to by both branches of this Legislature ;" so that it will read,

Resolved, That the Governor be requested to transmit forthwith to the

Governors of the several States and Territories, a copy oi his Message No.

3 to this Legislature, communicating the letter of Samuel Hoar, agent from

the State of Massachusetts ; and also a copy of the Report and Resolutions

of the Committee on Federal Relations of the House thereon, which have

been agreed to by both branches of this Legislature.


WM. F. COLCOCK, Speaker,

The Senate concurred, and sent a Message accordingly.

The PRESIDENT laid before the Senate, the Report of the Solicitor of

the Northern Circuit, on District Officers and their Offices; which was re

ferred to the Committee on the Judiciary.

The following Resolutions, offered by Mr. DARGAN, were agreed to,

and were ordered to be sent to the House of Representatives for concur,

xence :

Resolved, That nn appropriation of four hundred dollars be made, for the

purpose of supplying the Library of the Court of Appeals, at Columbia, with

additional books.

Resolved, That a Special Joint Committee be raised, for the purpose of

ascertaining if there be any law books in the Legislative Library which can

be dispensed with ; and if so, to transfer them to the Library of the Court of

Appeals.

In pursuance of the last Resolution, a Message was sent to the House of

Representatives, informing that House, that Messsrs. Dargam, Moses and

Gregg, were appointed the Committee on the part of lhe Senate, and asking

the House to appoint a similar Committee. The House of Representative!*

returned the following Message :

In the House of Representatives, 1

December 6, 1844. )


This House concurs in the Message from Senate, proposing the appoint

ment of a Special Committee to ascertain if there be any Law Books in the

Legislative Library which can be dispensed with , and if so, to transfer them

on the Library of the Court of Appeals ; and have appointed the Committee

on the Legislutive Library of this House, consisting of the following gentle

men : Messrs. Geo. W. Williams, F. J. McCarthy, H. L. Pincknry,

John Philips, and John A. Allston, to meet the Committee of the Senate

on that subject.



The following Resolution, offered by Mr. WITHERSPOON, was agreed

to, and ordered to be sent to the House of Representatives for concurrence :

Resolved, That A. F. Love be appointed Commissioner of Free Schools

in York District, in the place of Philander Moore, resigned.

SENATE, FRIDAY, DECEMBER 6, 1844.51

Mr. DeTREVILLE gave notice, that on tomorrow, he will ask leave to

introduce a Bill to prevent the selling of Spirituous Liquors to any soldier in

the service of the United States : and

Also, a Bill to niter and amend the third section of an Act, entitled An

Act to vest certain lands in the District of Beaufort in Trustees, for the pur

pose of building and endowing a College in the town of Beaufort, and to

incorporate the s.me, and for other purposes therein mentioned, passed on

the day of , in the year 1795.

The Senate granted leave to Mr. Rhame, to withdraw the Petition of

Nancy Chapman ; to Mr. Buforu, to withdraw the Petition of John E.

Davis, and Orplia Davis, from the files of the Senate ; and to Mr. Elfe, to

withdraw the Medical Accounts of Drs. Hagood and Duncan.

Mr. ALLSTON presented the Accounts of Dr. Thomas Park, late

Treasurer, and of Thomas Peck, Treasurer of the South-Carolina College ;

andialso the Report of the Committee on Accounts of the Tiustees of the

College, on the same ; and they were ordered to be printed, with the

Accounts.

Mr. NEEL offered the following Resolution, which was agreed to, and a

Message was ordered accordingly :

Resolved, That a Message bo sent to the House of Representatives, pro

posing to adjourn the Legislature on the 17th instant, sine die.

Mr. PICKLING g;ive notice, that on to-morrow, he will ask leave to intro

duce a Bill to exempt the Hilton Head Beat Company, from attending Regi

mental and Battalion Reviews.



December 6, 1844. $


This House has appointed Messrs. Torre, Brooks and W. Gilmore

Simms, a Committee on the part of this House, to inspect the Bank of the

State of South-Carolina ; Messrs. Chesnut, McMullan, and W. J. Alston,

a Committee to inspect the Branch at Camden ; and Messrs. Aiken, Man

ning, and Joseph A. Black, a Committee to inspect the Branch at Colum

bia ; and request Senate to appoint similar Committees, to meet the Com

mittees of the House on that subject.


VV. F. COLCOCK, Speaker.

The Senate concurred in the Message.

On motion of Mr. GIST, a Message was sent to the House of Repre

sentatives, proposing to go into another ballot for Treasurer of the Upper

Division, at 12 o'clock; and immediately thereafter for Commissioner in

Equity, for Union District. The House of Representatives concurred, and

the Senate joined the House in balloting for Treasurer. Messrs. Dargan

and David were appointed the Committee on the part of the Senate, to count

the votes. Mr. DARGAN submitted a Report, stating that neither candi

date had received a majority of votes. The Senate then joined the House

of Representatives in balloting for Commissioner in Equity, for Union Dis

trict. Messrs. DeTreville and Eaves were appointed a Committee on

the part of the Senate, to count the votes. Mr. DeTREVILLE, fiom the

Committee, reported that D. Goudelock was duly elected.

At the hour of 1 o'clock, the Senate joined the House of Representatives


in balloting for Superintendent of Public Works. Messrs. Elfe and Evixs

were appointed the Committee on the part of the Senate, to count the votes.

Mr. ELFE, from the Committee, reported that neither candidate had re-

ceived a majority of votes, and there was therefore no election.

Messages were again interchanged between the two Houses, and the

Senate again joined the House of Representatives, in a third ballot for Treas

urer of the Upper Division. Messrs. Felder and Fickling, were appointed

the Committee on the part of the Senate, to count the votes. Mr. FELDER.

from the Committee, reported that neither candidate had received a majority

of votes.

Pursuant to Messages interchanged, the Senate joined the House of Rep

resentatives in a second ballot for Superintendent of Public Works. Messrs.

Fbampton and Gist were appointed a Committee on the part of the Senate,

to count the votes. Mr. FRAMPTON, from the Committee, reported that

neither candidate had received a majority of votes.

Messages were again in'erchanged, and the Senate joined the [louse of

Representatives, in a fourth ballot for Treasurer of the Upper Division.

Messrs. Gourdin and Gregg were appointed the Committee on the part of

the Senate, to count the votes. Mr. GOURDIN, from the Committee, re

ported Francis Burt duly eledted.

Messages were again interchanged, and the Senate joined the House of

Representatives, in a third ballot for Superintendent of Public Works.

Messrs. Hanna and Henagan were appointed a Committee on the part of

the Senate, to count the votes. Mr. HANNA, from the Committee, reported

that neither candidate had received a majority of votes, and there was there

fore no election.

Messages were again interchanged, and the Senate again joined the House

of Representatives in a fourth ballot for Superintendent of Pnblic Works.

Messrs. Huey and Johwson were appointed a Committee on the part of the

Senate, to count the votes.


Mr. WITHERSPOON presented the Report of the Joint Special Com-

mittee on the part of the Senate, on the Contingent Accounts of His Excel

lency the Governor ; which was ordered for consideration to-morrow.

Mr. MOSES, from the Committee on the Judiciary, to which had been

referred a Bill to exempt the Pilots of the Bar and Harbor of Charleston from

Jury duty, submitted a Report, recommending the passage of the bill without

amendment. The Report was ordered for consideration to-morrow.

Mr. MOSES, from the same Committee, to which had 1 een referred the

Presentment of the Grand Jury of Anderson, at Fall Term, 1844, recom

mending that Eelections for District Officers be held on one day only, re

ported

A Bill to declare the meaning of an Act, prescribing the mode of elect

ing Clerks, Sheriffs, and Ordinaries, passed on the twenty-first day of De

cember, Anno Domini, one thousand eight hundred and thirty-nine. The

Bill received the first reading, and was ordered for a second reading to

morrow.

Mr. YOUNG presented the unfavorable Report of the Committee on

Incorporations and Engrossed Acts, on the Petition of sundry citizens of St.

Helena Parish, praying that the vacancies in the Board of Trustees of the

Beaufort College, may be filled by the people ; which was ordeerd for con



Mr. ALLSTON presented the favorable Report of the Committee on the

College, Education and Religion, on the Governor's Message No. 2, commu

nicating the application of the Trustees of the South-Carolina College, for the

establishment ofa Professorship of Greek Literature; which was ordered for

consideration to-morrow.

Mr. BUCHANAN presented the favorable Reports of the Committee on

the Military and Pensions, on the Petition of Elizabeth Brown, the daughter

of Sergeant Jasper, praying a pension; and

On the Petition of Frances E. Reeves, praying to be allowed the amount

of pension due her deceased mother, Sarah Hicks; which were ordered for

consideration to-morrow,

Mr. BUCHANAN, from the same Committee, to which had been referred

the Petition of the St. Helena mounted Rifle Company, praying to be ex

empted from attending Regimental and Battalion Reviews, reported

A Bill to exempt the St. Helena mounted Rifle Company from attending

Regimental and Battalion Reviews. The Bill received the first reading, and

was ordered for a second reading to-morrow.


Claims and Grievances,

On the Petition of sundry citizens of Beaufort District, praying that moneys

expended by R. Y. Carey, in attending Court, be refunded to him:

On the Account of W. W. Purse, for work done on the Senate Chamber:

On the Account of Geo. B. Locke, for provisions furnished the Citadel and

Magazine Guard at Charleston: and also the unfavorable Reports of the same

Committee:

On the Account of John E. Grist, for advertising a runaway slave:

On the Account of W. F. Pearson, for taking the census of Fairfield Dis

trict :

On the Petition of Robert Hutchinson, for compensation for aiding to cap

ture a mal factor.

On the Petition of Jacob Folk, Jr., for compensation for attending as a

witness at the St. Bartholomew's election.

On the Petition of James S. Walker, for compensation for attending as a

witness at the St. Bartholomew's election:

On the Petition of James Bookman, Thomas Watt and others, praying to

be refunded expenses incurred by them as Commissioners of Fish Sluices:

On the Petition of R. M. Pressly, praying compensation for sending his

son as a witness to Abbeville Court. All of which were ordered forconside-

tion to-morrow.

On motion of Mr. PERRY, a Bill to prescribe the mode of choosing, on

the part of this State, Electors of President and Vice President of the United

States, ijnd give the election of such Electors to the people; which had made

the special order for this day at 1 o'clock; was made the special order of the

day for to-morrow, at 1 o'clock.



A Bill to regulate the auditing of contingent accounts against the State,

was before the Senate, on the second reading.

On the question of agreeing to the Bill, the yeas find nays were ordered,

and are as follow :


54SENATE, FRIDAY, DECEMBER 6, 1844.

Messrs. Aiken, Messrs. Eaves, Neel,

Allston, Ervins, Rhame,

Bhke, Frampton, Skipper,

Boyce, Gist, C. R. Thomson,

Buchanan, Gourdin, H. H. Thomson,

Buford, Huey, Ward,

Cain, McYVillie, Walker,

Dargan, Moses, Washington, and

DeTreville, Murray, Young.—27.

Those who voted in the negative are:

The Hon. A. Patterson, President,

Messrs. Appleby, Messrs. Elfe, Messrs. Johnson,

Arnold, Felder, Mellard,

Boozer, Fickling, Rivers, and

David, Gregg, Witherspoon-.13.

The Bill was therefore agreed to, and was ordered to be sent lo the House

of Represeniaiives.

The Report of the Committee on Roads and Buildings on the Petition of

sundry cilizens of St. Luke's Parish, praying the repeal of jhe 14th section

of the Road Law of 1843, was ordered to be placed in ihe General Orders of

lie day for to-morrow.

A Bill to alter and amend the law in relation to the pleadings and practice

of Courts ofRecord; and

A Bill to prov de for the supervision of the Free Schools; and

A Bill to alter and amend the law as to granting licenses to retailers of

spirituous liquors, tavern keepers, and keepers of billiard tables; and

A Bill to increase the jurisd,ciion of the Ordinary in the division and par-

tion of real estate, and for other purpos s: were orders d to be placed in the

General Orders of the day for lo-morrow.

The unfavorable Report of the Committee on Agriculture and In ernal

Improvements, on the Petition of ihe Commissioners of Little Pee Dee River,

for an appropriation for that river, was recommitted, on motion of Mr. DAR

GAN, with instructions to the Committee to recommend an appropriation of

three thousand dollars, if, on inspection, the Superintendent of Public Works

shall deem the clearii g out of the river advisable.

A Bill to amend nn act, entitled "An Act to amend the act ofone thousand

seven hundred and eighty eight, commonly called the Prison Bounds Act,"

passed the 19lh day ot December, 1833; and

A Bill to require the official Bonds of district officers to be recorded in the

office of Register of Mesne Conveyance of the district where such officers

shall be elected or appointed to act; each received the second reading in the

Senate, were agreed to, and were ordered to be sent to the House of Repre

sentatives.

The Committee on Agriculture and Internal Improvements was discharged

from the further consideration of the Account of the Superintendent of Public

Works.

The Committee on the Judiciary was discharged from the further eonsidc.

ration of the Petition of sundry citizens of York District, praying that the

Criminal Law be amended so as to suppress certain offences; and from the

Petition of sundry citizens of Newberry district, praying an amendment of the

law in relation to Hawkers and Pedlars.

SENATE, SATURDAY, DECEMBER 7, 1844. 55

The Report of the Committee on Pensions of the House of Representatives,

oil the Petition ofJames Head, praying for a pension; and

The Report ofthe Committee of Ways and Means of the House of Repre

sentatives, on the abstract oftne Expenditure by the City Council of Charles-

ton, of the transient poor fund; were concurred in, and were ordered to he re

turned to the House of Representatives.

The Report of the Committee on Finance and Hanks, on the Report of the

Committee of the City Council of Charleston, on the expenditures ot the tran

sient poor; and

The Report of the Committee on the Military and Pensions, on the Petition of

Nancy Chapman, praying a pension; were ordered to lie on the table.

The following unfavorable Reports were agreed to by the Senate:

The' Report ot the Committee on Agriculture and Internal Improvements,

on the. Petition of a number of citizens of Lancaster and Chesterfield l>is-

tricts, praying an amendment of the Act of 1841, in relation to the obstruc

tion to the passage of fish up Lynch's Creek :

The Report of the same Committee on the Petition of Wm. B. Villard,

Sen., praying compensation for development of the Agricultural resources

of the State :

The Report of the same Committee on, the Petition of citizens of Horry Dis

trict, lor an appropriation for cleaning out Chinnerses swamp :

The Report of the Committee on the Judic ary on the Petition of Carlos

Tracey, praying lo be permitted to apply for admission to the Bar : and

The Report of the Committee on Roads and Buildings, on a Resolution of

inqui y as to the expediency of repealing the 14th section of the Road Law

of 1843:

The tavorable Report of the Committee on the Judiciary, on the Petition of

the Commissioners of the Poor, for Clarendon, praying to be excused from lia

bility for a fine incurred for neglecting to make a Return to the Court of Com-

mon Pleas, was agreed to and was ordered to be sent to the House of Repre

sentatives.

A Bill to amend an Act concerning the Public Works, passed on thr: 18th

day of December, one thous.ind eight hundred and twenty-nine, which had

been twice read in the Ho.isc of Representatives, and received the wcond

reading in the Senate, was agreed to and was returned to the House of Repre

sentative*.

The General Orders of the day having been disposed of.

On motion of Mr. GIST, it was Ordered, That when the Senate adjourns


On motion of Mr. JOHNSON, the Senate adjourned.

SATURDAY, DECEMBER 7, 1§44.

The Senate met at eleven o'clock pursuant to adjournment.


The PRESIDENT announced the following persons the Investigating

Committees for the Bank of the State of Soutn-Carolina and its branches, in

pursuance of the Message from the House of Representatives, received yes

terday, viz :

For the Bank of tlie Stale of South- Carolina,

Messrs. DeTtkville and Mvhbay.

56 SENATE, SATURDAY, DECEMBER 7, 1844.

For the Branch at Columbia,

Messrs. Young and Gist.

For the Branch at Camden,

Messrs. Hanna and Dakgan : and a Message was sent to the House of

Representatives informing that House thereof.

Mr. DARGAN gave notice that on Monday next he will ask leave to intro

duce a Bill to make it the duty of the Chancellors to flip their decrees within

three months after the hearing of the causes in which such decrees shall be

rendered.

Mr. JOHNSON, from the Committee to count the votes for Superinten

dent of Public Works, reported that W. W. Ancrum was duly elected.

The House ol Representatives returned to the Senate the Resolution for

transmitting the Report of the Commiuee on Federal Relations on the Gov

ernor's Communication, transmitting the Letter of Samuel Hoar to the Gov -

ors of the slave-holding Slates, in which it had concurred.

The House of Representatives sent to the Senate,

A Bill to amend an act entitled an act to revive and amend an act entitled

an act to incorporate the Union Insurance and Trust Company. The Bill

received the first reading, and was referred to the Committee on the Ju

diciary.

The PRESIDENT laid before the Senate the Report of the Solicitor of the

Eastern Circuit on District offices, which was referred to the Committee on

the Judiciary.

Mr. BOOZER presented the Petition of Lewis Pou, praying that a grant

of land within, ten miles of the State Road, may be confirmed, which was re


Mr. GREGG presented the Account of A. H. Pemberton for printing and

advertising, which was referred to the Committee cn Claims and Grievances.

Pursuant to notice and with leave, Mr. DeTREVILLE introduced a Bill

to alter and amend the third section of an act entitled " An Act to vest cer

tain lands in the District of Beaufort in Trustees, for the purpose of building

and endowing a College in the town of Beaufort, and to incorporate the

same, and for other purposes therein mentioned." The Bill received the first

reading, and was referred to the Committee on Incorporations and Engrossed

Acts : and also,

A Bill to prevent the selling of spirituous liquors to any soldier in the ser

vice of the United States. The Bill received the first reading, and was refer,

red to the Committee on the Judiciary.

Pursuant to notice, with leave, Mr. MOSES introduced a Bill to require

the Ordinary for Kershaw to transfer to the Ordinary of Sumter District all

the records in his office pertaining to the latter District prior to the establish

ment of a Court of Ordinary therefor. The Bill received the first reading,

and was referred to the Committee on the Judiciary.



the Military and Pensions,

On the Report of the Committee on Pensions of the House of Representa

tives on the Petition of Frances E. Reeves, praying that the pension due her

deceased mother may be paid to her : and

On the Petition of Hannah Hudgins, praying a pension ; which were order

ed for consideration on Monday next.

SENATE, SATURDAY, DECEMBER 7, 1844.57

M,r. BUCHANAN, from the same Committee, to which had been referred

the Petition of sundry citizens of St. George's, Dorchester, praying that the

old Four Hole Company may be re-established, reported

A Bill to re-establish the old Four Hole Beat Company, in the lath Regi

ment. The Bill received the first reading, and was ordered for a second

reading on Monday next.

Mr. BOOZER presented the Report of the Committee on Agriculture and

Internal Improvements on the Petition of Cader Hughes, for the balance of

an appropriation for cleaning out Lake Swamp, and the counter Petition of

sundry citizens of Horry Disuict on the same subject; which was ordered

for consideration on Monday next.

Mr. FICKLING presented the unfavorable Reports of the Committee on

the Lunatic Asylum and Medical Accounts,

On the Report of the Medical Committee ofthe House of Representatives,

on the Account of Dr. L. C. Duncan, for post mortem examination.

On the Report of the same Committee of the House of Representatives, on

the Account of Dr. J. W. Tarrant, for a post mortem examination.


the Account of Dr. Thomas Teaugue, praying compensation for a post mor

tem examination.


the Account of Dr. Thomas T. Robertson, praying compensation for a post

mortem examination.


the Account of Dr. J. W. Tarrant, praying compensaiion for a post mortem

examination. All of which were ordered for consideration on Monday next.

Mr. YOUNG presented the favorable Report of the Committee on Incor

porations and Engrossed Acts on a Bill to amend an act entitled an act to

incorporate a Provident Institution for Savings in the City ofCharleston. The

Report was ordered for consideration on Monday next.

Mr. MOSES presented the Report of the Committee on the Judiciary on

the Preamble and first Resolution in reference to a special agency sent from

the State of Massachusetts. The Report was ordered for consideration on

Monday next, and to be printed.

Mr. MOSES from the same Committee, to which had been referred a Bill

to extend the term of office of State Reporter, submitted a Report recom

mending that the Bill do not pass ; which was ordered for consideration on

Monday next.

Mr. W1THERSPOON presented the unfavorable Reports of the Com

mittee on Roads and Buildings,

On the Petition of J. M. Rutland, praying for leave to erect a fire proof

building on the Court House lot.in Winnsborough.

On the Petition of J. Terry, praying the State to release its interest in a

certain lot in Edgefield. The Reports were ordered for consideration on

Monday next.

Pursusant to Messages interchanged, the Senate at the hour of 12 o'clock,

proceeded to the Chamber of the House of Representatives, and joined that

House in ballotting for Governor of South-Carolina. Messrs. McWillie

and Mellard were appointed a Committee on the part of the Senate to count

the votes. Mr. McWillie, from the Committee, reported that neither candi

date had received a majority of the votes, and there was, therefore, no elec

tion.


The Senate, pnrsuant to messages interchanged, joined the House of Rep

resentative in halloaing for Lieutenant Governor of South-Carolina. Messrs.

Murray and Moses were appointed a Committee on the part of the Senate to

count the votes. Mr. Moses, from the Committee, reported that JOHN t.

ERVIN had receiued a majority of the votes, and was duly elected Lieuten

ant Governor.

On motion of Mr. ELFE, a Message was sent to the House of Representa

tives, proposing to go forthwith into another ballot for Governor, and the

House having concurred, the Senate joined the House in a second ballot for

Governor. Messrs. NEELand Perry/ were appointed the Comm'ttee on the

part of the Senate to count the votes. Mr. Perky, from the Committee, re

ported that neither candidate had received a majority of votes, and there was,

therefore, no election.

On motion of Mr. H. H. THOMSON, a Message was sent to the House

of Representatives, proposing to go forthwith into another ballot for Govern

or, and the House having concurred, the Senate joined the House of Repre-

ulntativcs in balloting therefor. Messrs. Pickens and Rhame were appoint

ed a Committee on the part of the Senate to count the votes. Mr. PICKENS,

from the Committee, reported that ueither candidate had received a majority,

and there was, therefore, no election.

On motion of Mr. MOSES, a Message was sent to the House of Represen

tatives, proposing to go forthwith into another ballot for Governor, and the

House having concurred, the Senate joined the H mse of Representatives in

ballotting therefor. Messis. Rivers and Skipper were appointed a Com

mittee on the part of the Senate to count the votes. Mr. RIVERS, from the

Committee, reported WILLIAM AIKEN duly eiecied Governor of South-

Carolina.



A Rill to increase the jurisdiction of the Ordinary in the division and par

tition of real estate, and foi other purposes, was before the Senate on ths

second reading.

Mr. DARGAN moved that the further consideration of the Bill be postpon

ed to the first day of January next.

This question, on motion of Mr. WITHERSPOON, was ordered to be

taken by yeas and nays, and they areas follows:



Messis. Aiken, Messrs. Dargan, Messrs. Hanna,

Allston, David, Henegan,

Appleby, DeTreville, Murray,

Blake, Elfe, Rivers,

Boozer, Fickling, Ward,

Buchanan, Courdin, Washington, and

Buford, Gregg, Young.—23.

Cain,

Those who voted in the nevative are:

Messis. Arnold, Messrs. Johnson, Messrs. Rhame,

Eaves, Mellard, Skipper,

Evins, Moses, C. R. Thomson,

Folder, Neel, H. H. Thomson,

SENATE, MONDAY, DECEMBER 9, 1844. 59

Frampton, Perry: Walker, and

Gist, Pickens, Witherspoon,-19.

Huey,

The motion to postpone the further consideration of the Bill to the first

day of January next was, therefore, agreed to, and the Bill was consequent

ly rejected.

A Bill to alter and amend the law, in relation to the pleadings and practice of

courts of record—received the second reading, was agreed to, and was or

dered to be sent to the House of Representatives.

A Bill to provide for the supervision of the Free Schools; and

A Bill to alter and amend the law, as to granting of licenses to tetailers of

Spiritous Liquors, tavern keepers and keepers ot Billiard tables—were ordered

to be placed in the general orders of the day, lor Monday next.

The unfavorable report of the Committee on Roads and Buildings, on the

petition of sundry citizens of St. Luke's Parish, praying the repeal of the 14th

section of the Road Law of 1843, was agreed to.

The general orders were suspended, and Mr. Fickling, pursuant to notice,

i\nd with leave, introduced a Bill to exempt the Hilton Head beat company

from attending Regimental and Battalion Reviews. The Bill received the

first reading, and was referred to the Committee on Military and Pensions.

Mr. DAVID presented the Return of the Commissioners of Free Schools

for Marlborough, for 1844, which was referred to the Committee on the Col

lege, Education and Religion, and also,

The-petition of the Bennettsville Academical Society; praying to be incor

porated, which was referred to the Committee on Incorporaiions, and En

grossed Acts.

On motion of Mr. MOSES, a special Co nmittee was appointed to wait on

His Rxceilency, the Governor, and inform him of his election, and ascertain

when he will be pleased to qualify. Messrs. Moses and Henegan were ap

pointed the Committee on the part of the Senate, and a message was sent to

the House of Representatives, informing the House thereof, and asking the

House to appoint a similar Committee, to meet the Committee of the Senate.

On motion of Mr. PliRRY, a Bill to prescribe the mode of chousing, on


States, and to give the Election of such Electors, to the people—which !*iad

been made the special order for this day at I o'clock—was made the special

order of the day, for Monday next, at 1 o'clock.

On motion of Mr. WIT1 IERSPOON, it was Ordered, that when the Sen-

ate adjourns, it shall stand adjourned to meet on Monday next at 11 o'clock.

On motion of Mr. DAVID, the Senate adjourned.

MONDAY. DECEiTIBEK 9, 1844.

The Senate met at 11 o'clock pursuani to adjournment.

The Clerk read the Journal of the proceedings of Saturday.

Mr. YOUNG presented the Petition of sundry citizens of the village of

Laurens, praying an Act of Incorporation ; which was referred to the Com

mittee on Incorporations an'l Engrossed Acts.

Mr. WARD presented the Petition of Mrs. Ann King, widow of Thomas

King, praying to be put on the Pension List; wbich was referred to th Com-


Mr. GRKGG gave notice that on to-morrow he will ask leave to jutroduce


A Bill to postpone one week the sittings of the several Courts of Equity

in the fourth Equity Circuit, and to change the sittings of certain Courts of

Equity in the sixth Equity Circuit.

The Committee on the Judiciary was discharged from the further consi

deration of a Bill to alter and explain an Act entitled " nn Act for the better

securing the liberty of the subject, and for prevention of imprisonment be

yond the seas," made of force in this State ; and the same was relerred to

the Committee on Federal Relations.

The following Resolution offered by Mr. HUEY w,is agreed to, and was

ordered to be sent to the House of Representatives for concurrence:

Resolved, That John D. Andrews be appointed a Manager of the Elec

tion for Lancaster District, at Mrs Castor's, in place of James M. Ingroni

removed, and John B. Cowsar at Lancaster Court House, in place of James

P. Craig, deceased.

On motion of Mr. BOYCE, Mr. Felder was added to the Joint Committee

on the part of the Senate, to nominate suitable persons for President and

Directors of the Bank of the State of South-Carolina, and a message was

sent to the House of Representatives informing that House thereof.

Mr. liOYCE presented the Account of B. F. Smith for Oil furnished for

the Citadel; which was referred to the Committee on Claims and Grievances.

On motion of Mr. YOUNG, a message was sent to the House of Repre

sentatives, proposing to that House to go into the election of Attorney Gene

ral and Solicitors of the Northern and Southern Circuits this day, at half

p-ist eleven o'clock ; and the House of Representatives having concurred,

the Senate at the hour designated, joined the House of Representatives in

□allotting therefor. Messrs. C. R. Thomson and d. H. Thomson were ap-

pointed the Committee on the part of the Senate to count the votes.


In the House of Representatives, 9th Dec. 1844.


This House concurs with Senate to appoint a Special Committee to wait on

the Governor elect, and to learn when it may please him to qualify ; and

have appointed Messrs. Hunt, Northrop and Brown a Committee on the

part of the House to meet the Committee of the Senate on that subject.



Mr. MOSES, from the Committee appointed on the part of the Senate to

wait on his Excellency the Governor elect, and to inform him of his election,

reported that the Cemmittee had discharged the duty assigned to them : that

the Governor elect had accepted the office, and would be prepared to qualify

to-morrow at 12 o'clock.

Pursuant to notice, with leave, Mr. DARGAN introduced a Bill to make

it the duty of the Chancellors of this State to file their decrees within three

months after the hearing of the causes, in which such decrees are to be ren

dered. The Bill received the first reading, was referred to the Committee

on the Judiciary, and was ordered to be printed.

The House of Representatives sent, to the Senate,

A Bill to alter the time of holding the Terms of the City Court of Charles

ton, and for other purposes ; and also,

A Bill to permit James Jones to bring back into the State a certain slave,

which had been twice read in the House of Representatives. The Bills re


ceived the first reading in the Senate, and were referred to the Committee on

the Judiciary.


A Bill to amend an Act concerning the Puhlic Works, passed on the

eighteenth day of December, one thousand eight hundred and twenty-nine ;

which had received three readings in 'hat House, and two readings in the Se-

nate. The Bill received the third reading in the Senate, and it was resolved

that it do pass, that the title thereof be changed ; that it be called " an Act,"

and be returned to the House of Representatives.


Mr. WITHERSPOON presented the unfavorable Reports of the Commit

tee on Roads and Buildings, on the Petition of John M. Zealy, praying the

charter ofthe Beaufort Ferry; and on

The Presentment of the Grand Jury for Barnwell, Fall Term, 1844, re-

commending a new Jail lor that District, and that the Court House be re-

paired; which were ordered for consideration to.morrow.

Mr. MOSES presented the favorable Report of the Committee on the Ju

diciary, on a Bill to require the Ordinary for Kershaw to transfer to the Or-

dinary for Sumter District, all the Records in his office, pertaining to the lat

ter district, prior to the establishment of a Court of Ordinary therefor. The

Report was ordered for consideration to-morrow, and the Bill and Report

were ordered to be printed.



The unfavorable Report of the Committee on the Judiciary on a Bill to al

ter and amend the law as to granting licenses to retailers of spirituous liquors,

tavern keepers, and keepers of billiard tables, was before the Senate for con

sideration.

On motion of Mr. ARNOLD,

The Report was ordered to lie on the table, and the Bill was considered

by the Senate. The Bill having received the second reading, on the ques-

tion of agreeing to the same, the Yeas and Nays were ordered and they arc

as follows:


Messrs. Arnold, Messrs. Gist, Messrs. Skipper,

Boozer, Goordin, C. R. Thomson,

Eaves, Huey, H. H. Thomson.

Evins, Murray, Witherspoon, and

Felder, Neel, Young.— 15.

These who voted in the negative are:


Messrs. Allston, Messrs. DeTrevillc, Messrs. Mellaii,

Appleby, Elfe, Moses,

Blake, Fickling, Pickens,

Buchanan, Frampton, Rhame,

Buford, Gregg, Rivers,

Gain, Henegan, Walker, and

Dargan, Johnson, Ward.—24.

David, McWillie,

The Bill was therefore rejected.


The general orders were suspended, and Mr. DARGAN presented the

Report of the: Committee on Federal Relations, on the second and third reso

lutions of the Senate, in reference to the Message of the Governor on the sub

ject of Mr. Hoar's agency in this State under the resolutions of the Legisla

ture—and the Committee also reported

A Bill to amend an act, entitled An Act more effectually to prevent free

negroes and other persons of color, for entering into this State, and for other

purposes, passed the 19th day of December, Anno Domini, 1835. The Bill

received the first reading, and was ordered for a second to-morrow. The

Report was also ordered for consideration to-morrow, and the Bill and Re

port were ordered to be printed.

The same Committee was discharged from the further consideration of a

Bill to alter and explain an Act, entitled "An Act for the better securing the

liberty of the subject and for prevention of imprisonment beyond the seas;"

made of force in this State.

While the general orders were suspended, Mr. BUCHANAN presented

the unfavorable Report on the Military and Pensions, on the Petition of the

Printers of Charleston, praying exemption from militia duty: and

Thefavorable Report of the sume Committee, on the Report of the Com

mittee on Pensions of the House of Representatives, on the Petition of Elias

Hollingsworth, praying a pension; which were ordered for consideration to

morrow.

Mr. BOOZER presented the Petition of the Commissioners of the Poor of

Lexington District, praying to be exempted from prosecution for neglecting to

make a return to the Circuit Court; which was referred the Committee on

the Judiciary.

Mr. BOOZER gave notice that on to-morrow he will ask leave to intro

duce a Bill to alter the sittings of the Courts of Law in the Middle Circuit,

and also in certain Districts in the Eastern Circuit.

The Senate resumed the


The Committee on the Judiciary was discharged from ti e further consid

eration of the Preamble and first Resolution in reference to a Special Agen

cy sent from the State of Massachusetts.

A Bill to provide for the Supervision of Free Schools, which had been re

ported by the Committee on the Col.ege, Education and Religion, to which

had been referred so much of the Governor's Message No- 1, as relates to Edu-

cation, was before the Senate on the second reading; and on motion of Mr.

MOSES, the. further consideration of the Bill was postponed until to-morrow.

The General Orders were suspended, and Mr. H. H. THOMSON, from

the Committee to count the votes for Attorney General and Solicitors, re

ported the following persons duly elected :

Henry Baily, Attorney General ;

T. N. Dawkins, Solicitor of the Northern Circuit ;

J. D. Edwards, Solicitor of the Southern Circuit.

Mr. PERRY presented the unfavorable Report of th Committee on Fi

nance and Bunks, on the Memorial of the citizens of Kershaw, praying the

State to resume its subscription in the South-Carolina Railroad Company, in

aid of a Branch of the said Road from Camden to Gadsden ; and on

A Bill to authorize a subscription on the part of the State to a Branch

senate, Monday, December 9, is44.63

Railroad to Camden, from the South-Carolina Railroad. The Report was

ordered for consideration to-morrow, and to be printed.

On motion of Mr. H. H. THOMSON, a Bill to prescribe the mode of

choosing, on the part of this State, Electors of President and Vice-President

of the United States, and to give the election of such Electors to the people,

which had been made the special order for this day at 1 o'clock, was made

the special order for to-morrow, at 1 o'clock.

Mr. DAVID presented the Petition of the Bennettsville, South-Carolina,

Manufacturing Company, praying to be incorporated ; which was referred to

the Committee on Incorporations and Engrossed Acts.

Mr. DeTREVILLE presented the Account of P. M. Johnson, for binding

books for the Legislature ; which was referred to the Committee on Claims

and Grievances.

Mr. BOOZER presented the Report of the Committee on Agriculture and

Internal Improvements, on a Resolution providing for the appointment of

Commissioners for .Horse Creek ; which was ordered for consideration to

morrow. „ ,


GENERAL ORDERS OP THE DAY.

A Bill to declare the meaning of an Act prescribing the mode of electing

Clerks, Sheriffs and Ordinaries, passed on the twenty-first day of December,

Anno Domini one thousand eight hundred and thirty-nine ; and

A Bill to exempt the St. Helena Mounted Rifle Company from attending

Regimental and Battalion Reviews; received the second reading, were

agreed to, and were ordered to be sent to the House of Representatives.

The following papers were ordered to be placed in the General Orders

of the day for to-morrow :

A Bill to provide for the Supervision of the Free Schools:

The Report of the Committee on the Pollege, Education and Religion, on

the Governor's Message No. 2, in relation to the establishment of a Profest

sorship of Greek Literature :

The Report of the Committee on Claims and Grievances, on the Petition

of James 8. Walker, for compensation for attending as a wituess in the St.

Bartholomew's Election :

The Report of the same Comfriitteo, on the Petition of Jacob Folk, Jr., for

compensation for attending as a witness in the St. Bartholomew's Election ;

and

The Report of the same Committee, on the Petition of certain citizens

of Beaufort District, praying that certain moneys expended by R. Y. Carey

in attending Court be refunded to him.

The following Reports were ordered to lie on the table :


of Robert Hutchinson, praying compensation for aiding to capture a mole-

factor; and

The Report of the Committee on Incorporations and Engrossed Acts, on

the Petition of sundrj citizens of St. Helena Parish, in relation to the Beau

fort College.

The following unfavorable Reports were agreed to by the Senate :


of Wm. F. Pearson, for compensation for taking the census of Fairfield Dis

trict ;

64SENATE, TUESDAY, DECEMBER 10, 1844.

The Report of the same Committee, on the Petition of John E. Grist, for

compensation tor advertising a runaway slave :

Tne Report of the same Committee, on the Account of Jacob Bookman,

Thomas Watt and others, praying to be refunded certain expenses incurred

by them as Commissioners of Fish Sluices ; and

The Report of the same Committee, on the Petition of R. M. Pressly, to be

reimbursed certain expenses incurred in sending his son to Abbeville Court.

The following Reports were agreed.to, and ordered to be sent to the House

of Representatives for concurrence :

The Report of the Committee on the Military and Pensions, on the Petition

of Elizabeth Brown, the daughter of Jasper, praying u Pension :

The Report of the same Committee, on the Petition of Frances E. Reeves,

praying to be allowed the amount of a Pension due her deceased mother,

Sarah Hicks :

The Report of the Committee on Claims and Grievances, on the Account

of W. W. Purse, for work done in the Senate Chamber ; and

The Report ot the same Committee, on the Account of George B. Locke,

for provisions furnished for the Citadel and Magazine Guard in Charleston. .

The General Orders were suspended, and on motion- of Mr. SKIPPER, it

was Ordered, that when the Senate adjourns, it shall stand adjourned to meet

to-morrow, at eleven o'clock.

Mr. MOSES presented the Report of the President of the Bank of the

State of South-Carolina, Exhibiting an account of the indebtedness of the

Directors of the Bank ; which was referred to the Committee to nominate

suitable persons for President and Directors of the Bank of the State of

South-Carolina.

On motion of Mr. McWILLlE, the Sena'e adjourned.

TUESDAY, DECEMBER lO, 1S44.



The House of Representatives sent to the Senate for concurrence, the fol

lowing Resolution:

Resolved, That the present Session of the General Assembly be adjourned

on Wednesday, the 18th ot December inst. t

The Resolution was concurred in, and was ordered to be returned to the

House of Representatives.

The House of Representatives also sent to the Senate, the report of the

Joint Committee on the part of the House of Representatives, on Public

Printing ; which was referred* to the Joint Special Committee on Public Print-

ingon the part of the Senate.

The House of Representatives also sent to the Senate, a Bill to amend the

attachment laws of this State, which had received two readings in the House

of Representatives. The Bill received the first reading in the Senate, and

was referred to the Committee on the Judiciary.

The following Resolutions, offered by Mr. DARGAN, were agreed to :

Resolved, That the desk of the Assistant Clerk be removed to the right or

left of the President's chair, or that a table be substituted in lieu thereof.

Resolved, That a Committee be raised for the purpose of carrying the fore

going Resolutions into effect by the next session ; and also to make such ar-

rangement of the tables and seats of the Senators, as may facilitate the des

patch of the business of the Senate.

SENATE, TUESDAY, DECEMBER 10, 1844.65

Messrs. Dargan, Gregg and McWillie were appointed the Committee

under the last Resolution.

Mr. MOSES, from the Joint Committee to nominate suitahle persons for

President and Directors of the Bank ol the State of South-Carolina, submitted

a Report, recommencing the following poi sons, viz. :

The Report was ordered to lie on the table, and to be printed.

Pursuant to notice, with leave, Mr. GREGG introduced a Bill to postpone

tone week the sittings of the several Courts of Equity in the fourth Equity Cir

cuit, and to change the sittings of certain Courts of Equity in the sixth Equity

Circuit* The Bill received the first reading, and was referred to the Commit

tee on the Judiciary.


to, and was ordered to be sent to the Huuse of Representatives for concur

rence :

Resolved, Th.it Zenas A. Walker be appointed Manager of Elections at

Brat ton's, York District, in the place of R, M. Love, resigned.

Mr. NHIiL offered the following Resolution, whicli was agreed to :

lltsoloed, That his Excellency the Governor be requested to furnish for

the information of Senate, a copy of the report of the Surveyor General, made

to him previous to the present session of the Legislature.

O,l motion of Mr. ARNOLD, the Senate took up from the table, the Re

port of the Committee on Claims and Grievances, on the Petition of Robert

Hutchinson, for compensation for aiding in capturing a malefactor. The Se

nate granted leave to Mr. Arnold to withdraw the Petition, and the Report

was ordered to lie on the table.

The Report of the Co i.mittee on Claims and Grievances, on the Petition

by sundry citizens of Beaufort District, praying that certain moneys expended

of R. Y. Carey in attending Court, be relunded to him, was called up from

the General Orders of the day, and the same was agreed to, and was ordered

to be sent to the House of Representatives for concurrence.

The unfavorable Report of the Committee on Claims and Grievances, on

the Petition of Jacob Folk, jr., for compensation for attending as a witness in

the Sr. Bartholomew's election, was also railed up from the General Orders;

and the Report was amended, on motion of Mr. AfcWILLIE, so as to recom

mend that the petitioner be allowed "one dollar per day for attendance, and

live cents per mile for the distance travelled." The Report, as amended,

was disagreed to by the Senate.


*he Fetition ofJames S. Walker, praying compensation for attending as a wit

ness in the St. Bartholomew's election, was also called for consideration, and

Mr. WALKER moved to amend the Report, so that it would recommend that

the petitiouer be paid one dollar per diem for attendance, and 5 cents per

F. H. ELMORE, President.

Directors.

D. C. WEBB,

saml. burger,

alex. McDonald,

W. C. DUKES,

M. T. MBNDKNHALL,

ROBERT CALDWELL,

WM. B. PR1NGLE,

JAMES S. BOWIE,

HALL T. McGEE,

WM. M. LAWTON.

GEO. N. REYNOLDS,

JOHN S. A--HE,

E

66SENATE, TUESDAY, DECEMBER 10, 1844.

mile for each mile he may have travelled. The amendment was rejected, and

the Report as it came from the Committee was agreed to.


Mr. PERRY presented the unfavorable Report of the Committee on Fi

nance and Banks, on the Petition of C. O. Daniel, late tax collector of York,

praying to be refunded certain money paid into the Treasury.

Mr. MOSES presented the favorable Report of the Committee on the Ju*

diciary, on the Petition of the Commissioners of the Poor for Lexington Dis

trict, praying to be exempted from prosecution for failing to make a return to

the Circuit Court ; which was ordered for consideration to-morrow.

Mr. YOUNG, from the Committee on Incorporations and Engrossed Acts,

to which had been referred a Bill to alier and amend the third section of an

Act entitled an Act Jo vest certain lands in the District of Beaufort, in Trus

tees, for the purpose of buikling and endowing a College in the town of Beau

fort, and to incorporate the same, and for other purposes therein mentioned,"

submitted a Report, recommending the passage ol the Bill without amendment.

The Report was ordered for consideration to-morrow.

INAUGURATION OF THE GOVERNOR.

At the hour of 12 o'clock, the Senate proceeded to the Hall of the House

of Representatives, to attend the Inauguration of the Governor elect. Imme

diately thereafter, William Aiken, Esq., Governor elect, accompanied by

Governor Hammond, and the Joint Committee of Arrangements, entered the

Hall.

The Governor elect, in assuming the discharge of the duties imposed upon

him by his office, impressively addressed the General Assembly on the con-

pition and prospects of the State.

The SPEAKER of the House of Representatives then administered the

constitutional oath of office to the Governor elect.

The Senate then retired to the Senate Chami>er,and immediately thereafter

the Speaker of the House of Representatives, accompanied by the Members,

and attended by the Officers of the House, entered the Senate Chamber,

where the President of the Senate delivered to the Governor elect bis commisw

siotu From thence the Governor, accompanied by the President of the Se

nate and Speaker of the House of Representatives, with the members of the

General Assembly, repaired to the Eastern Portico of the Capitol, where the

Sheriff of Richland District read the Commission, and made proclamation of

the election of the Governor.

The Senate returned to the Senate Chamber, and the PRESIDENT re

sumed the Chair. The Senate than proceeded to the


The unfavorable Report of the Committee on the Lunatic Asylum and Me

dical Accounts, on the Petition of Dr. Thomas T. Robertson, praying conv

pensation for a post mortem examination, was agreed to.

The unfavorable Reports of the same Committee, on the Report of the Me

dical Committee of the House of Representatives on the Account of Dr. J. W„

Tarrant, for a postmortem examination; and

On, the Report of the Medical Committee of the House of Representatives,

on the Account of D'r. J. W. Tarrant, for a post mortem examination, were

agreed to by the Senate, and the Reports from the House of Representatives-

ware consequently rejected.


A Bill to exempt the Pilots of the Bar and Harbor of Charleston from Jury

duty, which had received two readings in the House of Representatives, re

ceived the second reading in the Senate, was agreed to, and was ordered to

be returned to the House of Representatives.

A Bill to permit John W. Leak to erect Mills on Thompson's Creek, near

Cheraw, received the second reading, was agreed to, and was ordered to be

sent to the House of Representatives.

The Report of the Joint Committee on the part of the Senate, to examine

the Contingent Accounts of his Excellency the Governor, was agreed to, and

was ordered to be sent to the House of Representatives for concurrence.

At the hour of one o'clock, " a Bill to prescribe the mode of choosing on


States, and give the election of such Electors to the people, which had been

made the Special Order of the day for this hour, was before the Senate. The

Senate resolved itself into a Committee of the Who!e, Mr. Witherspoon in

the Chair. Mr. WITHERSPOON, from the Committee of the Whole, after

the President had resumed the Chair, reported progress, and asked leave of

the Senate to sit to-morrow at 1 o'clock, and the same was ordered.

Before the Senate resumed the General Orders of the day, Mr. McWIL.

LIE presented the Report of the Committee on Privileges and Elections on

the Memorial of sundry citizen's of St. Luke's Parish, contesting the seat of

the sitting Member from that Parish. The Report was ordered for consider

ation to-morrow, and to be printed.

The Committee on Agriculture and Internal Improvements, to which had

been recommitted the Report of that Committee on the Petition of the Com

missioners of Little Pee Dee River, was discharged from the further consider

ation of the Petition, and the same was referred to a Special Committee, con

sisting of Messrs. Dargan, Boozer and McWillie.

Mr. 300ZER presented the Report of the Committee on Agriculture and

Internal Improvements, on the Report of the Committee on Internal Improve

ments of the House of Representatives, on the Report of the Superintendent

of Public Works ; which was ordered for consideration to-morrow.

Pursuant to notice, and with leave, Mr. BOOZER introduced a Bill to alter

the sittings of the Courts of Law in certain Districts within the Middle and

Eastern Circuits. The Bill received the first reading, and was referred to

the Committee on the Judiciary, and was ordered to be printed.

The PRESIDENT laid before the Senate, the Report of the President of

the Bank ofthe State of South-Carolina, in answer to a Resolution of the Se

nate calling for information ofdebts due by Manufacturing and other incorpo

rated Companies. The Report was ordered to lie on the table, and to be

printed.



The following unfavorable Reports were agreed to ;

The Report of the Committee on Roads and Buildings, on the Petion of J.

M. Rutland, praying for leave to erect a Fire Proof Building on the Court

House lot in Winnsborough :

The Report of the Committee on Agriculture and Internal Improvements,

on the Petition of Cader Hughes, praying for the balance of an appropriation

for cleaning out Lake Swamp ; and on the Counter Petition of sundry citi-

xens of Horry District, on the same subject.

68 SENATE, WEDNESDAY, DECEMBER 11, 1844,

The unfavorable Reports of the Committee on the Lunatic Asylum and

Medical Accounts, on the Report of the Medical Committee of the House of

Representatives, on the Petition of Dr. Thomas Teague, praying compensa

tion for a post morlem examination ; and

On the Report nf the Medica! Committee of the House of Representatives,

on the Accouni of Dr. L. C. Duncan, for a post morlem examination ; were

agreed to, and the Reports of the Medical Committee of the Huuse of Repre

sentatives were consequently rejected.


on the Petition of Frances Reeves, praying to be paid a Pension due her de

ceased mother, Sarah Hicks, was concurred in, and was ordered to be re


The Report of the Committee on Roads and Buildings, on the Petition of J.

Terry, praying the State "o release its interest in a lot in Edgefield, was, on

motion of Mr. W1THERSPOON, recommitted to the Committee on Roads

and Buildings.

The Report of the Committee on the Military and Pensions, on the Petition

of Hannah Hudgins, praying a Pension, was agreed to, and was ordered to

be sent to the House of Representatives for concurrence.

The unfavorable Report of the Committee on the Judiciary, on a Bill to ex

tend the term of office of State Reporter, was ordered to lie or. the table, and

the Bill was before the Senate for consideration. On motion of Mr. GREGG,

the Bill was ordered to lie on the table.

Onmotion of Mr. McWILLIE, the Senate adjourned.


The Senate met at 10 o'clock. The Clerk read the Journal of the pro

ceedings of yesterday.


The sReport of the Committee of Ways and Means, on the Petition of

Lucy P. Green, praying to be refunded a double tax : ,

The Report of the same Committee, on the Petition of Joseph D. Allen,

praying to be, relieved from a tax execution :

The Report of the same Committee, on the Petition of Willis Stansell,

praying to be refunded a double tax :

The Report of the same Committee, on the Report and Petition of the

Commissioners of the Poor for Georgetown District, as to the transient poor ;

which were referred to the Committee on Finance and Banks: Also,

The Report of the Medical Committee, on the Petition of sundry citizens

of Birnwell District, praying that compensation be allowed to Dr. J. E.

Bignon, for assisting in the detection (chemically) of arsenic, in a t ase of

alleged murder ; which was referred to the Committee on the Lunatic Asy

lum and Medical Accounts: Also,

The Report of the Committee on Education, of the House of Represen

tatives, on the Governor's Message No. 2, as to the fund for the deaf, dumb

and blind ; which was referred to the Committee on the College, Education

and Religion: Also,

The Report of the Committee on Claims, on the Account of Symmcs and

Bridwell, for printing in the Pendleton Messenger; Also,

i


The Report of the same Committee, on the Account of DuBose & John

son, for printing Ruffin's Report ; and

The Report of tlie same Committee, on the Petition of sundry citizens of

Beaulort District, praying that certain expenses incurred by II. Y. Cary, aa

a Magistrate attending Cjurt, may be refunded to him: Also,

The Report of the Committee on the Judiciary, on the Petition of James

L. G.intt; all of which were referred to the Committee on Claims and

Grievances: Also,

The Report of the Joint Committee on the Governor's Contingent Ac

counts ; which was referred to the Special Committee of the Senate on the

name subject.

The House of Representatives returned to the Senate the following papers,,

in which it had concurred :

The Report of the C >mmitteo on Claims and Grievances, on the Petition

of the Hon. John B. O'Noall :


of R. G. FVrrell: Also,

A Rcsoluti ,n, requiring the Trustees of the Beaufort College to make a

report to the next s.ssion of the Legislature, of ail ths actings and doings of

the said College, in relation to escheated lauds.

The House of Representatives sent to the Senate a Bill to raise supplies

for the year commencing in October, one thousand eight hundred and forty-

four, whi h had received two readings in that House ; the Bill received the

first reiding in the Senate, and was referred to the Committee on Finance

and Banks.

The House of Representatives sent to the Senate a Bdl to grant a pension

to Elizabeth lirown, which had received two readings i:i that House ; the

Bill received the first reading in the Senate, and was referred to the Com


The House of Representatives sent to the Senate a Bill to amend the

seventh section of an Act, entitled an Act to amend and explain the Militia

Laws-of this Slate, passed on the nineteenth day of December, in the year

of our Lord one thousand eight hundred and nine, which had received two

readings in the House of Representatives; the Bill received the first reading

in ilie Senate, and was referred to the Committee on the Military and

Pensions.

The House of Representatives sent to the Senate a Bill to increase the

compensation of grand and petit Jurors, which had received two readings in

that House ; the Bill received the first reading in the Senate, and was refer

red to the Committee on the Judiciary.

Oi: motion of Mr. NEEL, the Committee on the Judiciary was discharged

from the further consideration of a Bill to alter and amend an Act passed

the nineteenth day of December, one thousand eight hundred and twenty-

eight, vesiing in the Trustees of the NeA-berry Academy the escheated prop

erty in the District of Newberry; and the Senate granted leave to Mr. Neel

to with- 1 raw the Bill from the filc3 of the Senate.


to, and was ordered to be sent to the House of Representatives for con

currence :

Resolvtrt, That Franklin Harris be appointed a Manager of Elections for

White's b >x, York District, in the place 01 J. D. Spralt, resigned.

70 SENATE, WEDNESDAY, DECEMBER 11, 1844.

The following Resolution, offered by Mr. DeTREVILLE, was agreed to,

and was sent to the House of Representatives for concurrence :

Resolved, That Joseph Daniel Pope, James H. Elliott, and Robert G.

Barnwell, be appointed Magistrates for St. Helena, and that J. E. L. Fripp

be appointed Manager of Elections for the poll in the town of Beaufort.

On motion of Mr. MOSES, in behalf of the Committee on the Judiciary,

a Bill to amend the Attachment Laws of this State, was ordered to be printed.

Mr. WITHERSPOON presented the Petition of Esther Wallace, praying

for arrearages of pensions due her deceased husband, and to be placed on

the pension roll ; which was referred to the Committee on the Military and

Pensions.


Mr. H. H. THOMSON, from the Joint Special Committee on the Public

Printing, to which had been re-committed the Report of that Committee on

the subject of the Printing, submitted a Report, recommending that the print

ing be divided, and that A. S. Johnston be employed as Printer for the

Senate, on the terms proposed by him. The Report was agreed to, and was

ordered to be sent to the House of Representatives for concurrence.

Mr. BOOZER, from the Committee on Agriculture and Internal Improve,

ments, to which had been referred the Petition of sundry citizens within ten

miles of the State Road, praying to have theif giants for vacant lands con

firmed ; the Petition of Louis Pou, to the same effect ; and the Petition of a

number of citizens of Lancaster District, praying that the Bonds taken by

the Superintendent of Public Works, for the purchase of the Catawba Indian

Lands, may be cancelled, and that the title to said lands may be quieted.

Reported.

A Bill to release the title of the State to certain lands, and for other pur

poses. The bill received the first reading, and was ordered to be printed ;

and the Report was ordered for consideration ; and the bill for a second

reading to-morrow.



On the Report of the Committee on Claims of the House of Representa

tives, on the Account of the Clerk of the Court of Appeals, at Columbia :

On the Report of the same Committee, on the Petition of Edmund Jones

and A. W. Jones, representatives of John Jones, praying compensation for a

slave executed :

On the Report of the same Committee, on the Petition of R. G. Ferrell :

On the Report of the same Committee, on the Account of James L. Orr,

for public printing :

On the Report of the same Committee, on the Account of C. H. Allen, for

advertising and printing for the public :

On the Report of the same Committee, on the Petition of the Rev. J. J.

Lawton, for compensation for a slave executed :

On the Report of the same Committee of the House of Representatives,

on the Petition of Harmon Garrett, for compensation for two slaves execu

ted :

On the Account of the Clerk of the Senate, for Stationery furnished for

the Senate, for 1844 :

On the Account of John E. Grist for printing (of the State:

On the Petition of James L. Gantt, praying coinpensstion for services ren-

"""Hjered as Librarian of the Appeal Court Library, in Charleston:


On the Account of B. Hart, for hire of servants for the State House; all of

which were ordered for consideration to-morrow.

Mr. DeTREVILLE also presented the unfavorable Reports of the same

Committee,

On the Petition of the McBrideville Band, for compensation for services

rendered to the 9th and 10th Brigades of South-Carolina Militia:

On the Report of'the Committee on Claims of the House of Representa-

tives, on the Pteition of Mary Thorne, praying compensation for a slave exe

cuted:

On the Petition of David Houser, praying payment of a balance due him

for work under a contract with the Superintendent of Public Works:

On the Petition of Thomas J. Wilder, Sheriff of Sumter, praying compen-

sation for a horse lost while on oll.cial duty:

On the Petition of William Wingate, Sheriffof Darlington District, praying

to be refunded certain expenses incurred by him in bringing to Columbia a

prisoner convicted of murder, for the purpose of being heard on a motion for

a new trial; which were ordered for consideration to-morrow.



A Bill to establish the old Four Hole Beat Company, in the 18th Regiment,

received the second reading and was ordered to be sent to the House of Re.

presentatives.

A Bill to amend an Act entilled uii Act to" incorporate a Provident Institu

tion for Savings in the City of Charleston, which iiad been twice read in the

House of Representatives, received the second reading in the Senate, was

agreed to. and was ordered to be returned to the House of Representatives.

The unfavorable Report of the Committee on Roads and Buildings, on the

Petition ofJohn M. Zealey, praying the charter of the Beaufort Ferry, was

amended on motion of Mr. DeTREVILLE, so that the Report would re-

commend that the prayer of the petitioner be granted. The Report as amend,

cd was agreed to.

The Report of the Committee on the College, Education and Religion, on

the Governor's Message, No. 2, in relation to the establishment of a Profes

sorship of Greek Literature in the South-Carolina College, was, on motion of

Mr. FELDER, ordered to lie on the table.


Presentment of the Grand Jury of Barnwell District, recommending a new

Jail and the repair of the Court House of that District, was agreed to.

The unfavorable Report of the Committee on the Military and Pensions, on

the petition of the Printers ofCharleston, praying exemption from militia duty,

was agreed to.


on ^he petition of Elias Hollingsworth, for a pension; and

A Resolution providing for the appointment of Commissioners for Horse

Creek; were concurred in, and were ordered to be returned to the House of

Representatives.

The General Orders were suspended, and Mr. MOSES presented the fol

lowing favorable Reports of the Committee on the Judiciary:

On a Bill to postpone one week the sittings of the several Courts of Equity

in the fourth Equity Circuit, and to change the sittiags of certain Couits of

Equity in the sixth Circuit:


On a Bill to permit James Jones to bring back into the State a certain

slave:

On a Bill to alter the time of holding the terms of the City Court of Charles

ton, and for other purposes:

On the Report of a Special Committee of the House of Representatives,

consisting of the delegation from Edgefield, on the subject of the Poor House ;

and the unfavorable Report of the same Committee,

On a Bill to prevent the selling of spirituous liquors to any soldier in the

service of the United States; all of which were ordered to bo placed in the

General Orders for this day.

While the General Orders were suspended,


the Military and Pensions, on a Bill to exempt the Hilton Head beat company

from attending Regimental and Battalion Reviews ; and the unfavorable Re

ports of the same Committee, on the petition of sundry citizens of the lower

Battalion of the 21st Regiment, praying the repeal of the Brigade Encamp,

ment system ; and

On the Petition of a number of Officers of the 21st Regiment South-Caro-

lina Militia, praying the repeal of the Brigade Encampment system, the in

crease of company drills, a repeal of the Regimental Courts martial, and

a change in the resigning of commissions; all of which were ordered for con


The PRESIDENT laid before the Senate the Surveyor General's Repoit,

for the years 1843 and 1844: which wa,s ordered to be printed.

Mr. WITHERSPOON presented the Petition of sundry citizens of York

District, praying that Thonipsonion practioners of medicine., may be paid for

their services; which was referred to the Committee on Claims and Griev

ances.

Mr. BOYCE presented the Petition of Lewis Do Motle and others, pray

ing that practitioners under the Thompsoninn systenrof medicine may be al

lowed to receive compensation for their services ; which was referred to the

same Committee.

Mr. MOSES presented the Report of the Solicitor of the Middle. Circuit,

on the condition of district Offices in that Circuit; which was referred to the


The following Resolution, offered by Mr. FELDER, was agreed to :

Resolved, That the Committee on the College, Education and Religion, be

requested to report to the Senate all the circumstances in relation to the per

mission granted by the Trustees to Professor Lieber, to be absent from his

chair for one year.

The Senate resumed the General Orders of the Day.

A Bill to provide for the supervision of the Free Schools, was before the

Senate for consideration, when, on motion of Mr. PERRY, the Senate pro

ceeded to the Special Order of the day for 1 o'clock ; a Bill to prescribe the

mode of choosing, on the part of this State, Electors for President and Vice

President of the United States, and to give the election of such Electors to

the people. The Senate resolved itself into a Committee of the Whole, Mr.

Witherspoon in the Chair.

The PRESIDENT resumed the Chair, and the Senate proceeded to bu

siness.

Mr. WITHERSPOON, from the Committee of the Whole, to which had

been referred a Bill to prescribe the mode of choosing, on the part of this


State, Electors for President and Vice President of the United States, and to

give the election of such Electors to the people," submitted a Report, r; com

mending that the further consideration of the Bill be postponed to the first of

January next. A motion was made by Mr. MOSES, to amend t ie Report,

by recomm -nding the first day of ihe next Session of the Legislature. Mr.

ALLSTON moved to amend further, by proposing that the further consider

ation of the Bill be postponed itvlfjiniltly; which (iueslion was ordered to be

taken by yeas and nays, and they are as follows:



Messrs. Allston, Dargan, Mellard,

Appleby, DoTreville, Moses,

Arnold, Fclder, Murray,

Blake, Fickling, Pickens,

Boyce, Frampton, Rivers,

Buchanan, Gourdin, C. R. Thomson,

Buford, Gregg, Walker, and

Cain, Johnson, Ward.—25.


Messrs. Boozer, Hi:ey, Skipper,

David, McWIIlie, H. H. Thomson,

Eaves, Neel, Washington,

Evins, Perry, Witherspoon, and

Manna, Rharne, Young.—16.

lienagnn,

The motion to postpone indefinitely, was, therefore, agreed to, and the Bill

was rejected.

Messrs. Ei,fe and Gist, who were absent when the vote was taken,

were permitted by the Senate to record the votes they would hsve given if

they had been present, and voted in the affirmative.

On motion of Mr. APPLEBY, the Senate reconsidered a bill to re estab

lish the old Four Hole Boi't Company in the 18th Regiment, which had

been twice read in the Senate ; and, on motion of Mr. BUCHANAN, the

Bill was re-committed to the Committee on the Military and Pensions.

Mr. DARGAN presented the favorable Report of the Special Committee,

on the Petition of sundry citizens of Marion District, praying an appropria

tion for improving the navigation of Little Pee Dee River ; which Report re

commends an appropriation of three thousand dollars, if, upon inspection, the

Superintendent of Public Works shall be of opinion that the obstructions can

be removed for that sum. On the question of agreeing to the Report, the

yeas and nays were ordered to be taken, and they are as follows :


The lion. A. Patterson, President ; and

Messrs. Allston, , DeTreville, Moses,

Boyce, Eife, Rhame,

Buchanan, Gregg, Skipper,

Dargan, . Hannu, Ward, and

David, Henairan, Washington.—17.

McVVillic,


74 SENATE, THURSDAY, DECEMBER 12, 1844.

Messrs. Appleby, Ficklmsr, Perry,

Arnold, Frampton, Pickens,

Blake, Gist, - Rivers,

Boozer, Gourdin, C. R. Thomson,

Buford, Huoy, H. H. Thomson,

Cain, Johnson, Walker,

Eaves, Mellard, Witherspoon, and

Evins, Murray, Young.—26.

Felder, Neel,

The Report was therefore disagreed to.


ferred the Petition of the Commissioners of Public Buildings for Laurens

District, praying that they may be authorized to execute titles to a lot of land

in the Village of Laurens, reported

A Bill to authorize the Commissioners of Public Buildings for Laurens

District, to convey certain public land in the Village of Laurens, and for other

purposes ; the Bill received the first reading, and was ordered for a second

reading to-morrow.

Mr. BUCHANAN presented the unfavorable Report of the Committee on

the Mili-ary and Pensions, on the Petition of certain officers of the 9th Brig

ade, praying that the Brigade Encamprnent System and Company Drills be

abolished, and Regimental Encampments be established in their stead ; which

was ordered for consideration to-morrow.

The House of Representatives sent to the Senate, a Bill to make appropri

ations for the year commencing in October, one thousand eight hundred and

forty-four ; the Bill received the first reading, and was referred to the Com

mittee on Finance and Banks.

On motion of Mr. BOYCE, it was Ordered, that when the Senate adjourns,

it shall stand adjourned to meet to-morrow at eleven o'clock.

On motion of Mr. SKIPPER, the Senate adjourned.

THURSDAY, DECEMBER 12, 1844.



The House of Representatives sent to the Senate, a Bill to amend the 10th

section of the 1st article of the Constitution of this State, which had received

two readings in the House of Representatives, and had been sent to the

Senate by a vote of two-thirds of the whole representation in that House,

voting in favor of the passage of the Bill. The Bill received the first reading

in the Senate, and was referred to the Committee on the Judiciary.

The House of Representatives sent to the Senate, a Bill to exempt the

Pilots of the Bar and Harbour of Charleston from Jury duty, which had

received three readings in that House, and two readings in the Senate. The

Bill received the third reading in the Senate, and it was

Resolved, That it do pass; that the title thereof be changed; that it be

called "An Act," and be returned to the House of Representatives.

The House of Representatives also sent to the Senate for concurrence,

A Resolution directing the Superintendent of Public Works to report the

number of Bridges on the State Road, and costs of building and keeping them

SENATE, THURSDAY, DECEMBER 12, 1844. 75

in repair ; which was referred to the Committee on Agriculture and Internal

Improvements.

REPORTS OF COMMITTERS.

Mr. MOSES presented the* favorable report of the Committee on the

Judiciary, on a Bill to alter the sittings of the Courts of Law in certain districts

within the Middle and the Eastern Circuit; which was ordered to be placed

in the general orders for this day.

Mr. MOSES presented the favorable Report of the Committee on the

Judiciary, on the Report of the Attorney General, on the publication of the

Bank case:

The Report of the same Committee on the report of the Attorney General

and Circuit Solic itors on district offices and officers ; and

Mr. WITHERSPOON presented the Report of the Joint Special Com-

mittee on the part of the Senate on the Report of the Joint Special Commit,

tee of the House of Representatives, on the Governor's contingent accounts ;

whicli were ordered for consideration to-morrow.

Mr. DeTREVILLE presented the favorable reports of the Committee on


On the Report of the Committee on Claims of the House of Representatives,

on the Account of A. S. Willington and Co., for printing :

On the Report of the same Committee, on the Petition of citizens of Beaufort

District, praying certain money to be refunded to R. Y. Cary:

On the Report of the same Committee of the House of Representatives,

on the Petition of James L. Gantt, for compensation for services as Librarian

of the Appeal Court in Charleston.

On the petition of Samuel Weir, for printing:'

On the account of W. W. Purse, for work done in the Surveyor General's

Office ; and the unfavorable report of the same Committee, on the petition of

E. M. Spriggs, praying payment of money expended by him in defending an

action at law, relative to the Saluda Turnpike Road : all of which were

ordered for consideration to-morrow.

Mr. PERRY presented the Report of the Committee on Finance and

Banks, on a Bill to raise supplies for the year commencing in October, one

thousand eight hundred and forty.four; and on a Bill to make appropria

tions for the year commencing in October, one thousand eight hundred and

forty-four ; and

On the Report of the Committee of Ways and Means of the House of Re

presentatives, on the Petition of Joseph D. Allen, praying to be relieved from

a tax execution:

On the Report of the same Committee, on the Petition of Lucy P. Green,

praying to be refunded a double tax:

On the Report of the same Committee, on the report and petition of the

Commissioners of the Poor of Georgetown District, as to the transient poor:

On the Report of the same Committee, on the Petition of Willis Stansell,

praying to be refunded a double tax : all of which were ordered for conside

ration to-morrow.

Mr. DARGAN presented the Report of the Joint Special Committee on the

part of the Senate, appointed to inquire into the expediency of transferring

books from the Legislative Library to the Library of the Court of Appeals ;

which Report recommends that there are no books which ought to be trans

ferred. The Report was agreed to, and was ordered to be sent to the House

of Representatives for concurrence.

76 SENATE, THURSDAY, DECEMBER 12, 1S44.

Mr. WITHERSPOON presented tho petition ofsundry citizens of York and

Chester Districts, prnying that the fees of certiiin officers be reduced ; which

was referred to the Comin i tee or. the Judiciary.

Tlie following Resolution, offered by Mr. MpSES, was ngrecd to, and was

ordered to be sent to the Mouse of Representatives for concurrence:

Resolved, That the sum of thirty-six dollars be paid to Dr. F. Ogier, for

his services as Assistant Door-keeper of the Senate, during the present session

of tho Legislature.

Mr. DARGAN moved that a Bill to amend an Act, entitled an Act more

effectually to prevent (roe negroes and other persons of' color from entering

into this State, and for other purposes, passed the 19ih day of December,

Anno Domini, 18:i5, be called up from the general orders of the day and

the same was ordered. The Bill received the second reading, was agreed

to, and was ordered to be sent to the House of Representatives.



A Bill to provide for the supervision of the Free- Schools, was, on motion of

Mr. ALi.STON, ordered to lie on the table.

A Biil to require the Ordinary for Kershaw to'tran ;fer to the Ordinary of

Sumter district, all the records in his office pertaining to the latter district,

prior to the establishment of a Court of Equity therefor, received the second

reading, was agreed to, and was ordered to be sent to tho House of

Representatives.

The unfavorable Report of the Committee on Finance and Banks, on the

memorial of citizens of Kershaw, praying the State to resume its subscription

to tho South-Carolina Rail Road, in behalf of a branch of the road to Camden,

and on a Bill to authorize: n subscription en the part of the State, to a branch

Rail Road from the South-Carolina Rail Road, was before the Senate for

consideration.

On motion of Mr. McWILLIE, the RepoYt was ordered to lie on the

table, and the Bill was taken up.

On motion of Mr. McWILLIE, the title of the Bill was changed so as to

read as follows :

A Bill to authorize the resumption, on the part of the State, of her original

subscription to the Rail Road Company, for the purpose of constructing a

branch to Camden.

The Bill having received the second reading, on the question of ag-eeing

to the, same, the yeas and nays were ordered to be taken, and they are as

ibll jws :


Messrs. Allston, DeTreville, Moses,

Blake, Gist, R-hame,

Boyce, Gourdin, Ward and

Buchanan, Huey, Washington.—14.

Buford, Mc Willie,

Those who voted in the negative arc:


Messrs, Appleby, . Fielding, Pickens,

Boozer, Frampton, Rivers,

SENATE, THURSDAY, DECEMBER 12, 1844.

Cain, Hanna, Skipper,

Dargan, Johnson, C. R. Thomson,

David, Mell.srd, H. H. Thomson,

Eaves, Murray, Walker,

Evins, Neel, Withcrspoon, and

Felder, Perry, Young.—25.

The Bill was therefore rejected.

The General Orders were suspended, nnd Mr. MOSES presented the fa'

vorable Reports of the Committee on the Judiciary.

On a Bill to increase the compensation of Grand and Petit Jurors:

On a. communication from ihe State Reporter, transmitting copies of his

Reports: and the unfavorable Reports of the same Committee,

On the Memorial of citizens of Georgetown, in reference to the third Sec

tion of the Act of 1823; and the Counter Memorial of the Town Council and

citizens of Georgetown, on the same subject:

On the Presentments of the Grand Juries of Horry, Marion and Williams

burg, Full term 1841, in reference to carrying concealed weapons;

On the Presentments of the Grand Jury ot Edgefield, Fall term 1844, in

reference to the Court of Equity: all of which were ordered for considera

tion to-morrow.

Mr. W1THERSPOON presented the unfavorable Report of the Commit

tee on Roads and Buildings, on the Petition of J. Terry, praying the

State to release its interest in a lot in the village of Edgefield; which was

ordered for consideration to morrow.

Mr. HUEY presented the Petition of sundry citizens and of the Town

Council of Lancaster praying that the Town Council of Lancaster may be

vested with the right ofgranting or refusing licenses to retail spirituous liquorsj

which was referred to the Committee on the Judiciary.

On motion of Mr. FELDER, it was Ordered, that when the Senate ad

journs, it shall stand adjourned to meet to-morrow, at 11 o'clock.

On motion of Mr. MOSES, the Senate took a recess until 7 o'clock. P. M-

( RECESS.)

At 7 o'clock the PRESIDENT took the Chair,

Mr. WITHERSPOON presented the Report of the Committee on

Roads and Buildings, on the Petition of citizens of Edgefield, Hamburg and

Abbeville, praying that a new road be opened ; which was ordered for con

sideration to morrow.

Mr. DeTREVILLE gave notice that on to-morrow ho will ask leave to

introduce a Bill for the more effectual punishment of the ofiicial misconduct

of Sheriff*.



A Bill to postpone one week, the sittings of the several Courts of Equity

in the fourth Equity circuit, and to change the sittings ot certain Courts of

Equity in the sixth Equity circuit ; and

A Bill to alter and amend the third Section of an Act entitled "an Act to

vest certain lands in the District of Beaufort, in Trustees, for the purpose of

building and endowing a College in the town of Beaufort, and to incorporate

the same, and for other purposes therein mentioned; each received the second

7S SENATE, THURSDAY, DECEMBER 12, 1844.

reading, were agreed to, and were ordered to be sent to the House of Re

presentatives.

A Bill to permit James Jones to bring back into the State a certain slave,

which had been twice read in the House of Representatives, received the

second reading in the Senate, was agreed to, and was ordered to be returned

to the House of Representatives.

The Report of the Special Committee, consisting of the delegation in the

House of Representatives from Edgefield District, on the subject of the Poor

House for that District ; and

The Report of the Committee on Internal Improvements of the House of

Representatives, on tae Report of the Superintendent of Public Works,

were concurred in, and were ordered to be returned to the House of Repre*

'ientatives.

Thn Unfavorable Report of the Committee on Finance and Banks, on the

petition of C. O. Daniel, late Tax Collector for York District, praying to be

refunded money paid into the Treasury, was agreed to.

The favorable Report of the Committee on the Judiciary, on the Petition

of the Commissioners of the Poor for Lexington District, praying to be ex.

,:mpted from liability for neglecting to make a Return to the Circuit Court.

The Report of the Committee on Privileges and Elections, on the Memori*

nl of certain citizens of St. Luke's Parish, contesting the seat of the sitting

member from that Parish, was before the Senate for consideration, and on

motion of Mr. DbTREVILLE, it was ordered to lie on the table.

Mr. DbTREVILLE offered the following Resolution :

Resolved, That the prayer of the Memorialists respecting the election for

Senator in St. Luke's Parish, be granted, and that a writ of election do

issue to the Managers for that Parish, to hold an election for Senator on the

second Monday and Tuesday in January next; which question was decided by

yeas and nays, and they are as follows :


The Hon. A. Patterson, President ; and

Messrs. Allston, Eaves, Moses,

Appleby, Gourdin, Neel, and

Dargan, Hanna, H.H.Thomson.

DeTreville, Johnson, 12.

Those who voted in the negative ares

Messrs. Blake, Frampton, Rhame,

Boozer, Gist, Rivers,

Buford, ^regg, Skipper,

David, Huey. C. R. Thomson,

Elfe, McVVillie, Walker,

Evius, Mnllard, Witherspoon, and

Felder, Murray, Young.—21.

The Resolution was therefore disagreed to.

The Report was then called from the table, and wa3 agreed to by the Sen.

ate.

The Committee on Claims and Grievances was discharged from the further

consideration ofthe Petition of the McBrideville Band, praying compensa

tion for services rendered to the 9th and 10th brigades of South-Carolina

Militia.



the Petition of David Houser, praying payment of a balance due him for

work, under a contract with the Superintendent of Public Works, Was agreed

to.

The.unfavorable Report of the same Committee, on the Account of Wil.

liam Wingate, Sheriff of Darlington District, praying to be remunerated for

certain expenses incurred by him in bringing to Columbia a prisoner convict

ed of murder, for the purpose of being heard on a motion for a new trial, was

agreed to, and leave was granted to Mr. DARGAN to withdraw the account.

The unfavorable Report of the same Committee, on the Petition of Thomas

J. Wilder, Sheriff of Sumter District, praying compensation for a horse lost

while on official duty, was ordered to lie an ilie table, and leave was granted

to Mr. MOSES to withdraw the Petition.

The Unfavorable Report of tho Committee on the Judiciary, on a Bill to

prevent the selling of spirituous liquors to any soldier in the service of the

United States, was agreed to, and the Bill Was therefore rejected.

A Bill to alter the time of holding the Terms of the City Court of Charles

ton, and for other purposes, which had been twice read in the House of Re

presentatives, received the second reading in flie Senate, was agreed to, and

was ordered to be returned to the Heuse of Representatives.

On motion of Mr. DARGAN, the Senate adjourned.

FRIDAY, DECEMBER 13,1844.

The Senate met at eleven o'clock, pursuant to adjournment!

The Cierk read the Journal of the proceedings of yesterday.


A Bill to alter and amend the law on the subject of insolvent debtors, and

for other purposes, which had received two readings in that House ; the Bill

received the first reading, and was referred to the Committee on the Judi

ciary; and also*

A bill to make further provision for the security of public moneys under

the control of the different Boards of Commissioners in this State, which re

ceived the first reading, and was referred to the Committee on Finance and

Banks.

Pursuant to notice, with leave, Mr. DbTREVILLE introduced a Bill for

the more effectual punishment of the official misconduct of Sheriffs ; Which

received the first reading, and was referred to the Committee on the Judi

ciary.

Mr. DAVID offered the following Resolution, which was agreed to, and

was ordered to be sent to the House of Representatives for concurrence :

Resolved, That the Superintendent of Public Works examine Little Pee

Dee, from the North-Carolina line to its junction with Great Pee Dee, and

report what obstructions to navigation exist in said stream, and as to what

advantages may be expected to arise from the removal of said obstructions )

and also as to the amount that would probably be necessary to remove any

obstructions to navigation that may be found in said stream.

On motion of Mr. DARGAN, a Message was sent to the House of Repre*

rientatives, proposing to that House to go into an election for State Reporter

on Monday next, at 1 o'clock.

The following Message was received from the House of Representatives S


i

In the House of Representatives, December 13tli, 1844.

Mr. President and Gentlemen of Ike Senate ;

This House proposes to enter into a ballot for State Reporter on Monday

next, at 'Z o'clock. P. M., and immediately thereafter, for President and Direc

tors of the Bank of the Slate.

Bv order of the House : '


The Senate concurred, and a Message was sent to the House of Repro*

eeotatives accordingly.


Mr. MOSES presented the favorable Report of the Committee on the Ju,-

diciary, on a bill to amend tne tenth section of the first article of the Consti

tution of this State ; which was made the special order for this day, at 1 o'*

clock, and wa-i ordered to be referred to the Committee of the Senate.

Mr. MOSES also presented the unfavorable Reports of the Committee on

the Judiciary, on the Presentment of the (J rand Jury for Greenville, at Fall

Term, 1844, on the election of Presidential Electors and of Governor, and on

the Petition of sundry citizens of York and Chester, as to the fees of certain

officers, and the increase of jurisdiction of Magistrates, with stay ofjudgment;

which were ordered for consideration to-morrow.

Mr. ALLSTON presented the Report of the Committee on the College*

Education and Religion, on a Resolution of inquiry respecting the absence of

a Professor of the South Carolina College ; and also,

The Report of the same Committee, on the Governor's Message, No. 2.

respecting the " Deaf. Dumb and Blind" fund ; and also on the Report of the

Committee on Education of the House, on the same subject ; which were or*,

dered for consideration to-morrcw.

Mr. DeTREVILLE presented the favorable Report of the Committee on

Claims and Grievances, on the Account of P. M. Johnson, for binding books

for the Legislature ; and also,

TUcfavorable Report of the 3 amo Committee, on the Petition of George

Walker, late Superintendent of Public Works; which were ordered for con*


Mr. PICKLING presented thefavorable Report of the Committee on the

Lunatic Asylum and Medical Accounts, on the Petition of several citizens of

Barnwell District, praying that compensation bo allowed to Dr. J. E. Big-

non, for assisting in a chemical detection of arsenic in a case of alleged mur

der; which was ordered for consideration to-morrow.

Mr. PERRY presented the unfavorable Report of the Committee on Fi-

nance and Banks, on the Petition of C. O. Daniel praying to be refunded a

double tax ; which was ordered for consideration to-morrow.

Mr. VV1THERSPOON presented the unfavorable Report of the Commit

tee on Roads and Buildings, on the Presentment of the Grand Jury of Edge

field, Full Term, 1844, asking compensation for Commissioners of Roads i

which" was ordered for consideration to-morrow.

Mr. YOUNG presented the unfavorable Report of the Committee on In

corporations and Engrossed Acts, on a Bill to authorize the City Council of

Charleston to establish a Bridge over Ashley River, and for other purposes ;

and also, the favorable Report of the same Committee, on a Bill to amend an

Act entitled an Act to revive and amend an Act entitled an Act to incorpo


rate the Union Insurance and Trust Company ; which were ordered for con


The Senate then proceeded to the


Tne following yauoraWe Reports wore agreed to, and were ordered to be

sent to the House of Representatives for concurrence :

The Report of the Comrr.ittee on Claims and Grievances, on the Account

of the Clerk of the Senate, for stationery furnished for the Senate for 1844 :

The Report of the same Committee, on the Petition of Benjamin Hart, for

the hire of servants for the State House :

The Report of the same Committee, on the Petition of James L- Gantt,

praying compensation for services rendered as Librarian of the Appeal Court

Library in Charleston :

The Report of the same Committee, on the Account of John E. Grist, for

printing done for the State.

The unfavorable Report of the Committee on Claims and Grievances, ort

the Report of the Committee on Claims of the House of Representatives, on

the Petition of Mary Thorne, praying compensation for a slave executed, was

agreed to, and the Report of the Committee of the House was therefore re

jected. -

The following Reports were concurred in, and were ordered to be return

ed to the House of Representatives :

The Report of the Committee on Claims of the House of Representatives,

on the Account of the Clerk of the Court of Appeals at Charleston :

The Report of the same Committee, on the Petition of Edmund Jones and

A. W. Jones, representatives of John Jones, praying compensation for a slave

executed :

The Report of the same Committee, on the Petition of R. G. Ferrell, pray

ing compensation for services rendered:

The Report of the same Committee, on Account of James L. Orr, for print- .

ing:

The Report of the same Committee, on the Account of C. H, Allen, for

advertising the general election, and other public printing:

The Report of the same Committee, on the Petition of the Rev. J. J. Law

rence, praying compensation for a slave executed-

The unfavorable Report of the Committee on Military and Pensions, on the

Petition of a number of the officers of the 21st Regiment, praying the Repeal

of the Brigade Encampment system, the increase of company drills, a re

peal of Regimental Courts Marshal, and a change in resigning commissions,

was before the Senate for consideration. Mr. HUEY moved to amend the

Report, by striking out the word " not," so that if the amendment prevailed,

the Report would recommend that they prayer of the Petitioners be granted;

which question was ordered to be taken by yeas and nays, and they are as

follows :


Messrs. Boyce, Messrs. Eaves, Messrs. Rhame,

Cain, Huey, Rivers,

Dargan, Mellard, Skipper, and

David, Neel, Witherspoon.—12.


F


The Hon. A. Patterson, President ;

Messrs. Allston, Messrs. Fielding, Messrs. Murray,

Frampton, Perry,

Gist, Pickens,

Gourdin, C. R. Thomson,

Gregg, H. H. Thomson,

Hanna, Walker,

Henagan, Ward,

Johnson, Washington, and

Moses, Young.—28.

Appleby,

Arnold,

Blake,

Buchanan,

,Buford,

DeTreville,

Evins,

Felder,

The motion to amend was therefore lost, and the Report was then agreed

1o by the Senate.

At the hour of I o'clock, the Senate took up the Special Order for this

hour; the unfavorable Report of the Committee on the Judiciary, on a Bill

amend the 10th section of the first Article of the Constitution. The Senate

resolved itself into a Committee of the Whole, Mr. H. H. THOMSON in

the Chair.

The PRESIDENT resumed the Chair, and the Senate proceeded to busi-

Mr. H. H. THOMSON, from the Committee of the whole Senate, to which

had been referred a Bill to amend the 10th section of the first Article of the

Constitution, and the favorable -Report of the Committee on the Judiciary

thereon, submitted a Report, recommending to- the Senate that the further

consideration of the Bill and Report be postponed to the first day of January

next, and the same was ordered.

While the General Orders were suspended, Mr. WITHERSPOON pre

sented the Report of the Committee on Roads and Buildings, on the Report

of the Secretary of the State, on the condition of his office in Columbia and

Charleston ; which was ordered for consideration to-morrow.


ferred the Memorial of the Town Council of Lancaster, and of certain citi

zens, praying that the Town Council ofLancaster may be permitted to grant

or refuse Licences to retail spirituous liquors, reported

A Bill to confer additional power on the Intendant and Town Council of

ihe Village of Lancaster. The Bill received the first reading, and was or

dered for a second reading to morrow.

Mr. MOSES presented the favorable Reports ofthe same Committee, on a

Bill for the more effectual punishment of the official misconduct of Sheriffs ;

and on

A Bill to amend the Attachment Laws of this State ; which Reports were


Mr. MOSES presented the unfavorable Report of the same Committee, on

a Bill la make it the duty of the Chancellors of this State, to file their decrees

within three months after their hearing of the causes in which such decrees

are to be rendered ; which was ordered for consideration to-morrow.

Mr. NEEL presented the Account of Charles Alexander, for teaching

charity scholars for the year 1844 ; which was referred to the Committee on

the College, Education and Religion.

Mr. YOUNG presented the Petition of John Hudgins, Administrator of

Ambrose Head, praying to be paid arrearages of pension ; which was re

ferred to the Committee on the Military and Pensions.

ness.


The Senate granted leave of absence for the remainder of the Session, to

Mr. Frampton, Senator from Prince William's Parish, en and after to-mor

row, on account of indisposition in his family^



The unfavorable Report of the Committee on the Military and Pensions,

on the Petition of certain officers of the Sith Brigade praying that the Brigade

Encampment system and company drills be abolished, and Regimental En

campments be established in their stead, was before the Senate for conside

ration. Mr. WlTflERSPOON moved to amend the Report by striking out

the word " not," so that if amended, the Report would recommend that the

prayer of the petitioners be granted. The amendment was rejected, and the

tieport was then agreed to.

The unfavorable Report of the same €omm ttee, on the Petition of sundry

citizens of the Lower Battalion of the 21st Regiment of South-Carolina Mili

tia, in favor of the repeal of the Brigade Encampment system, was agreed to.

The following Reports were agreed to, and were ordered to be sent to the

House of Representatives for concurrence :

The Report of the Committee on Claims and Grievances, on the Account

of Samuel Weir for printing:

The Report of the same Committee, on the Account of W* W. Purse, for

work done in the office of Secretary of State:

The Report ofthe Attorney General and Solicitors, on District offices and

officers: ^

The Report of the same Committee, on the Report of the Attorney Gene

ral on the publication of the Bank case.

The following Reports were concurred in, and were ordered to fee returned

to the House of Representatives:

The Report of the Committee on the Judiciary, on the petition of James L.

Gantt, praying compensation for his services as Librarian of the Appeal

Court in Charleston; and

The Report of the Joint Special Committee on the part of the House of Re

presentatives, on the Governor's contingent accounts.

A Bill to alter the sittings of the Courts of Law in certain Districts within

the Middle and Eastern Circuits, on motion of Mr. GREGG, was ordered

to be placed in the generul orders of the day for to-morro^v.

A Bill to exempt the Elillon Head beat company from attending Regimen

tal and Battalion Reviews, and

A JJill to authorize the Commissioners of Public Buildings for Laurens

District to convey certain Public Land in the Village of Laurens, and for

other purposes, each received the second reading, were agreed to, and were

ordered to be sent to the House of Representatives.

A Bill to release the title ofthe State to certain lands, and for other purpos-

«s> which had been reported by the Committee on Agriculture and Internal

Improvements, was before the Senate on the second reading. Mr. PER.RY

moved that the further consideration of the Bill be postponed to the first day of

January next; which question was ordered to betaken by yeas and nays, and

they are as follows :


The Hon. Ac Patterson, President ; and


Messrs. AHston, Messrs. Elfe, Messrs. Moses,

Boycc, Evins, Perry,

Buchanan, Fielding, . Rbame,

Buford, Gist, Rivers,

Cain, Gourdin Walker,

Dargan, Gregg, Ward, and

David, Manna, - Young—24,

DeTrcvillc, Henagan,

Those who voted in '.he negative are :

Messrs. Appleby, Messrs. Felder, Messrs. Meilard,

Arnold, Frampton, Murray,

Blake, Huey, Neel,

, Boozer, Johnson, Skipper,

Eaves, McWillie, C. R. Thomson,&

. Witherspoon-~16*

The motion to postpone the further consideration of the Bill to the first day

of January next, was therefore agreed to.

The Report of the Committee on Claims and Grievances, on the Report of

the Committee on Claims of the House of Reprosentatives, on the Pptition of

Harmon Garrett, praying compensation for two slaves executed ; which re-

commends that the sum of two hundred and forty-four dollars) eighty-eight

cents be allowed the Petitioner, instead of the sum of four hundred dollars, as-

recommended by the Committee on Claims of the House of Representatives;

was agreed to.

A Message was sent to the House of Representatives, asking leave to

amend the Report of the Committee on Claims, conformably to the reeonv

mendation of the Committee on Claims and Grievances of the Senate.

The General Orders were suspended, and Mr- DeTREVILLE presented

the Account of James H. Buckner, lor summoning witnesses and carrying,

commissions to examine witnesses iu the contested election for Senator for

St. Luke's Parish ; which was referred to the Committee on Claims and

Grievances.

The Senate granted leave to Mr. DeTREVILLE, to withdraw the Me.

morial of sundry citizens of St. Helena Parish, in relation to Beaufort Col

lege.

On motion of Mr. MOSES, the Senate took a Recess, traiil 7 o 'clock, P. M,

RECESS.

At the hour of seven o'clock, the PRESIDENT took the Chair, and (he

Senate proceeded to business.

On motion of Mr. WITHERSPOON, the Senate re-considered the vote

taken yesterday on a Bill to authorize the resumption, on the part of the

State, of her original subscription to the Ruil Road Company, for the pur

pose of constructing a branch to Camden, and the bill was ( rdered for a

second reading.

Mr. McWILLIE moved to strike out all after tlie enacting clause, for the

purpose of inserting an amendment which he offered. The amendment was-

ordered to be printed, and the second reading of the Bill was- postponed until

to-morrow.

Mr. PERRY called up from the General Orders, a Bill to make appro

priations for the year commencing in October, one thousand eight hundred?


and forty-four, which had received two readings in the House of Represen

tatives ; the Bill received the second reading, was agreed to, and was ordered

to b s returned to the House of Representatives.

Mr. PERRY, the Chairman of the Committee on Finance and Banks,

gave notice that, on the third reading of the Bill, he will move to add a

clause providing an appropriation of five hundred dollars, for the support of a

Professorship of Greek Literature in the South-Carolina College; and also,

that he will move to add a clause for an appropriation for repairs done on the

State House.

Mr. PERRY also called up from the General Orders, a Bill to raise sup

plies for trie year commencing in Oatober, one thousand eight hundred and

forty-four, which had been twice read in the House of Representatives ; the

Bill received the second reading in the Senate, was agreed to, and was order,

ed to be returned to the House of Representatives.

The House of Representatives sent to the Senate a Bill to amend an Act

regulating Hawkers and Pedlars, passed the 19th day of December, 1843 ;

and

A Bill to alter the law on the subject of bail ; which had received two

readings in that House ; the Bills received the first reading, and were referred

to the Committee on the Judiciary : and the House of Representatives sent

to the Senate,

A Bill to raise an Independent Battalion of Militia, and for other purposes ;

which received the first reading, anci was referred to the Committee on the

Military and Pensions ; and also,

A Bill to incorporate the Presbyterian Church in Abbeville District, here

tofore known as the Rocky Creek Church, which received the first reading,

and was leferred to the Committee on Incorporations and Engrossed Acts ;

and also,

v A Bill to establish certain Roads, Bridges and Ferries, which received the

first reading, and was referred to the Committee on Roads and Buildings ;

and also,

. A Bill to amend an Act entitled an Act to amend the Law in relation to

slaves and free persons of color, which received the first reading, and was

referred to the Committee on the Judiciary ; and also,

A Bill to incorporate certain Societies and Companies, and to renew ana

amend certain charters heretofore granted, which received the first reading,

and was referred to the Committee on Incorporations and Engrossed Acts.


. GENERAL ORDERS OF THE DAY.

The following Reports were concurred in, and were ordered to be return

ed .to the House of Representatives :

The Report of the Committee on Claims, on the Account of A. S. Wil-

lington & Co., for printing :

The Report of the same Committee, on the Petition of 'sundry citizens of

Beaufort District, praying that certain moneys expended by R. Y. Gary, in

attending Court, be refunded to him :

The Report of the Committee of Ways and Means, on the Petition of

Willis Stansell, praying to be refunded a double tax :

The Report of the same Committee, on the Report and Petition of the

Commissioners of the Poor for Georgetown District, as to the Transient

Poor :


The Report of the same Committee, an the Petition of Lucy P. Green,

praying to he refunded a double tax :

The Report of the same Committee, on the Petition of Joseph D. Allen,

praying to be relieved from a tax execution.

The unfavorable Report of the Cummittee on Claims and Grievances, on

the Petition of E. M. Spriggs, praying payment of money expended in

defending an action at law, relative to the Saluda Turnpike Road, wast

agreed to. t

The General Orders were suspended, and Mr. YOUNG moved a reconsid

eration of the Report of the Committee on Privileges and Elections, on the

Memorial of citizens of St. Luke's Parish, contesting the seat of the sitting

member. A re-consideration was ordered, and the Report was ordered to

lie on the table.

Whi'e the General Orders were suspended, Mr. BOYCE presented the

Petition of the Charleston Friendly Botanic Thompsonian Society, praying

an Act of Incorporation ; which was referred to the Committee on Incorpo

rations and Engrossed Acts.



A Bill to increase the compensation of Grand and Petit Jurors, which

had been twice read in the House of Representatives, was before the Senate

on the second reading.

Mr. PERRY moved that the further consideration of the Bill be indefi

nitely postponed ; which question was ordered to be taken by Yeas and Nays

and they are as follows:

Those who voted in the affirmative are : '


Messrs. Boyce, Messrs. Hanna, Messrs. Perry,

Buchanan, Huey, Rivers,

DeTreville, McWillie, Witherspoon, and

Evins, Murray, Young.-T-14.

Gourdin,


Messrs. Allston, Messrs. Eaves, Messrs. Mcllard,

Appleby, Fickling, Moses,

Rlake, Frampton, Neel,

Boozer, Gist, Rhame,

Buford, . Gregg, Skipper,

Uargan, Henagan, H. H. Thomson, and

David, Johnson, Walker.—21.

tThe motion to postpone was therefore lost.

Mr. BOOZER moved to strike out "ten cents per mile," to insert "Jive

cents per mile" in the sixth line of the Bill, which question was decided by

Yeas and Nays, and they are as follows :



Messrs. Boozer, Messrs. Gourdin, Messrs. Murray,

Boyce, Hunna, Perry,

Buchanan, Henagan, Rivers,


David,

Eaves,

Evins,

Huey, Witherspoon, and

McWillie, Young.—17,

Messrs. Moses,

Neel,

Rhame,

Skipper,

H. H. Thomson, and

Walker.—18.


Messrs. Allston, Messrs. Fickling,

Appleby, Frampton,

Blake, Gist,

Buford, Gregg,

Dargan, Johnson,

DeTreville, Mellard,

The amendment was therefore lost.

Mr. HENAGAN offered the following amendment, as an additional sec

tion to the Bill.

'. And be it further enacted, that all witnesses, bound over by recognizance

to give evidence in behalf of the Slate, shall be allowed the same compensa

tion as is allowed to witnesses in civil cases."

On the question of agreeing to this amendment, the Yeas and Nays were

ordered to be taken, and they are as follows :


Messrs. Boozer,

Boyce,

Buchanan, *

David,

DeTreville,

Eaves,

Those who voted

Messrs. Evins,

Gourdin,

Henagan,

Huey,

Johnson,

Murray,

n the negative are :

Messrs. Perry,

Rivers,

Washington,

Witherspoon, and

Young.—17.

Messrs. Allston,

Appleby,

Blake,

Buford,

Dargan,

Elfe,

Felder,

Patterson, President ;

srs. Moses,

Neel,

Rhame,

Skipper,

H. H. Thomson,

Walker, and

Ward.—22.

The Hon. A.

Messrs. Fickling,

Frampton,

Gist,

Gregg,

Hanna,

Mc Willie,

Mellard,

The amendment was therefore rejected.

On the question of agreeing to the Bill, the Yeas and Nays were ordered,

and they are as follows :


Messrs. Allston, Messrs. FickHng,

Frampton,

Gist,

Gourdin,

Gregg,

Henagan,

Johnson,

Mellard,

Messrs.

Appleby,

Blake,

Boozer,

Buford,

Dargan,

David,

DeTreville,

Eaves,


Moses,

Neal,

Rhame,

Skipper,

H. H. Thompson,

Walker,

Ward, and

Washington.—25.


Hon. A. Patterson, President ;

Messrs. Boyce, Messrs. Hanna, Messrs. Perry,

Buchanan, Huey, Rivers,

Elfe, Mc Willie, Wilherspoon, and

Evins, Murray, Young.—14.

Felder,

The Bill was therefore agreed to, and was ordered to be returned to the


The General Orders were suspended, and on motion of Mr. DeTRE-

VILLE, it was Ordered, that when the Senate adjourns, it shall stand ad

journed to meet to-morrow, at 11 o'clock.

On motion of Mr. DeTREVILLE, the Senate adjourned.

SENATE, SATURDAY, DECEMBER 14, 1844,


The Clerk read the proceedings of yesterday.


In the House of Representatives, Dec. 13, 1844.


This House grants leave to Senate to amend the Report of the Committee

on Claims of the House, on the Petition of Harmon Garrett, for two slaves

executed, by striking out the words " Four hundred dollars," for the purpose

of inserting the words " Two hundred and forty-four dollars and eighty-eight

cents."



The Report of the Committee on Claims of the House of Representatives

was then amended, in pursuance of the leave given by the House, and was

concurred in, and was ordered to be returned to the House of Representatives.

On motion of Mr. FELDER, the Report of the Committee on the Col

lege, Education and Religion, on the Governor's Message, No. 2, was taken

up from the table, and was placed in the General Orders of the day,

Mr. DeTREVILLE presented the Memorial of James Peckham, for work

done in the Surveyor General's office, which was referred to the Committee

on Claims and Grievances.

On motion of Mr. GIST, the Report of the President of the Bank of the

State of South-Carolina, in answer to a call for debts due by incorporated and

manufacturing companies, was taken from the table, and was ordered to be

referred to a Special Committee. Messrs. Gist, Felder and Perry were

appointed the Committee.


Mr. YOUNG presented the favorable Report of the Committee on Incor-

porations and Engrossed Acts, on a Bill to incorporate the Presbyterian

Church in Abbeville District, heretofore known as the Rocky Creek Church ;

which was ordered for consideration on Monday next.

Mr. PERRY presented the favorable Report of the Committee on Finance

and Banks, on a Bill to make further provision for the security of public mo

neys under the control of the different Boards of Commissioners in this State;


and the unfavorable Report of the same Committee, on the Presentment of

the Grand Jury of Edgefield District, Fall Term, 1844, in reference to the

increase of the number of Commissioners of the Poor ; which were ordered


Mr. W1THERSPOON presented the Report of the Committee on Roads

and Buildings, on a Bill to establish certain Roads, Bridges and Ferries ;


Mr. MOSES presented the favorable Report of the Committee on the Judi

ciary, on a Bill to amend an Act, entitled an Act to amend the laws in rela-

tion to slaves and free persons of color ; and the unfavorable Reports of the

same Committee, on a Bill to alter the law on the subject of Bail, and on a

Bill to amend an Act regulating Hawkers and Pedlars, passed the 19th day

of December, Anno Domini, 1843 ; which were ordered for consideration ou

Monday next.



The unfavorable Report of the Committee on Incorporations and Engross,

ed Acts, ob a Bill to authorize the City Council of Charleston to establish a

Bridge over Ashley river, and for other purposes, was agreed io, and the Bill

was therefore rejected.

vA Bill for the more effectual punishment of the official misconduct of She

riffs ; and

A Bil4 to confer additional powers on the Intendant and Town Council of

the Village of Lancaster ; each received the second reading in the Senate,

were agreed to, and were ordered to be sent to the House of Representatives.

A Bill to amend an Act, entitled " An Act to revive and amend an Act to

incorporate the Union Insurance and Trust Company," which had received

two readings in the House of Representatives, received the second reading

in the Senate, was agreed to, and was ordered to be returned to that House.

A Bill to amend the Attachment Laws of this Ssate, which had received

two readings in the House of Representatives, received the second reading

in the Senate, was agreed to, and was ordered to be returned to the House

of Representatives.

A Bill to alter the sittings of the Courts of Law, in certain districts within

the Middle and Eastern Circuits, received the second reading, was agreed

to, and was ordered to be sent to the House of Representatives.

A Bill to authorize the resumption, On the part of the State, of her original

subscription to the Railroad Company, for the purpose of constructing a

Branch to Camden, was before the Senate for a second reading. Mr. Mc-

WILLIE moved the following amendment :

That al! after the enacting clause be stricken out, to substitute the follow

ing:

Sec. I. The South-Carolina Railroad Company shall be allowed to open

and close, within twelve months from the ratification of this Act, a subscrip

tion for new stock in the capital of the said Company, to be employed in the

construction of a Branch of their Railroad, to diverge from the main stem

thereof, to the Town of Camden j and to subscribe thereto an amount equal

to that subscribed by individuals, or corporations, upon their accepting and

agreeing to the following terms and conditiops, that is to say :

1. Measures shall be taken, as soon as such subscriptions shall have been


received, for the construction and completion of the said Branch, as early as

may be consistent with the interests of the said Company.

2. No corresponding shares shall be taken by the said South-Carolina

Railroad Company, in the stock of the South-Western Railroad Bank.

3. The said Branch shall diverge from the main stein of the said Railroad,

and cross the Waterec River into Sumter District, at as low a point on the

said River, as is practicable, consistently with the interests of the said Com

pany.

4. When the subscriptions of stock made as above are sufficient, in the

opinion of the Governor, for the construction of such Branch, and he shall

also be satisfied that the same will be constructed in good laith, he shall di

rect the Comptroller General to receive from the said Company the amount

of the balance due to the State, upon the advance made by the State on its

subscription to the original stock, under the Act of the twenty-first day of

December, in the year of our Lord one thousand eight hundred and thirty-

nine, at the time of the last payment of instalments on the original subscrip

tion to the capital of the said Company, in the bonds of the said Company,

bearing interest at the rate of five per cent, per annum, payable annually,

and payable, one-half on the first day of January, in the year of our Lord one

thousand eigln hundred and fifty-eight, and the other half on the first day of

January, in the year of our Lord one thousand eight hundred and sixty-eight.

5. The said Branch, and all other roads, property and estate, of the said

South-Carolina Railroad, shall be deemed and held pledged and mortgaged

to the State of South-Carolina, for the faithful payment of the said bonds, and

the interest thereon, as they respectively fall due.

Sec. II. And be it further enacted, That the said South-Carolina Railroad

Company shall be, and is hereby excepted from the provisions of the forty-

first section of an Act, entitled t' An Act to incorporate certain Villages, So

cieties and Companies, and to renew and amend certain charters heretofore

granted ; and to establish the principles on which charters of incorpo

ration will hereafter be granted ;" ratified on the seventeenth day of

December, in the year of our Lord one thousand eight hundred and forty-

one ; but nothing herein contained shall be construed to exempt the said

Company from the provisions of the said forty-first section, upon any future

grant, renewal, or modification of their charter.

The amendment was agreed to, and the clauses of the Bill were stricken

out, and those recommended by the amendment were inserted accordingly.

On motion of Mr. McWILLIE, the title of the Bill was amended, so as to

read as follows :

A Bill to authorize the South-Carolina Railroad Company to aid in con

structing a Branch of their road to the town of Camden.

On the question of agreeing to the Bill, the yeas and nays were ordered to

be taken, and they are as follows :



Messrs. A listen, Messrs. Elfe, Messrs. Moses,

Arnold, Fielding, Murray,

Blake, Gourdin, Neel,

Boyce, Gregg, Rhamc,

Buchanan, ' Hanna, Rivers,

Buford, Henagan, Skipper,


Messrs. Cain, Messrs. Huey, Messrs. Walker,

Dargan, Johnson, Ward,

DeTreville, McWillie, Witherspoon, and

Eaves, Mellard, Young.—31.

Those who voted in I he negative are :

Messrs. Appleby, Messrs. Felder, Messrs. Pickens, and

Boozer, Gist, H. H. Thomson.

Evins, Perry, 8.

The Bill was therefore agreed to, and was ordered to be sent to the House

of Representatives.

The general orders were suspended, and Mr. BUCHANAN presented the

favorable Report of the Committee on the Military and Pensions,

On a Bill to amend the seventh section of an Act, entitled an Act to amend

and explain the Militia Laws of this State, passed on the 19th day of Decem

ber, one thousand eight hundred and nine; which wasordered for considera

tion on Monday next, and to be printed.

Mr. BUCHANAN also presented the favorable Reports of the same Com

mittee, on

A Bill to grant a Pension to Elizabeth Brown ; and on

A Bill to re-establish the old Four Hole Beat Company, in the 18th Regi

ment ; and on

The Petition ofEsther Wallace, praying to be paid arrearages of pension

due her deceased husband, and to be placed on the pension roll ; and also

the unfavorable Reports of the same Committee,

On the Petition of sundry citizens of the Second Battalion ofthc32d Regi

ment, praying a change of their muster ground ; and on

The Petition of the McBrideville Band, praying compensation for services

rendered to the 9th and 10th Brigades : all of which were ordered fur con

sideration on Monday next.

Mr. DARGAN presented the Report of the Committee on Federal Rela

tions, on the Petition of John Strohecker and others, praying remuneration

for losses sustained by the seizure of slaves on board the schooner Enter-

prize, by the British authorities on the Island of Bermuda ; which was or

dered for consideration on Monday next, and to bo printed.

Mr. YOUNG presented the Report of the Committee on Incorporations

and Engrossed Acts, on a Bill to incorporate certain Societies and Companies,

and to renew and amend certain charters heretofore granted ; and the unfa

vorable Report of the same Committee, on the Benncttsviile South-Carolina

Manufacturing Company, praying to bo incorporated; which were ordered


Mr. BOOZER presented the Report cfthc Com r.ittee on Agriculture and

Internal Improvements, on a Resolution directing the Superintendent of Pub

lic Works to report the, number of Bridges on the State Road, and the cost

of building and keeping them in repair; which was ordered for consideration

or. Monday next.

Mr. H. H. THOMSON presented the Report of the Joint Committee on

Accoui.ts, on the contingent accounts against the Lower Division of the

Treasury ; which was ordered for consideration on Monday next.

The following Resolution, offered by Mr. RHAME, was agreed to, and

was ordered to be sent to the House of Representatives for concurrence :

Resolved, That it be the duty of the Superintendent of Public Works, to


require the State Toll Keeper at Vance's Ferry, to keep a book, in which

shall be entered a regular account of all crossings at said Ferry, at high and

low water, which account shall be rendered to the Superintendent, in order

that he may give the Legislature the requisite information, with a view to the

introduction of th? rates ofTollat said Ferry.

Mr. WITHERSPOON presented the Petition of sundry citizens of York

District, praying that the \ct of 1817 beiamended, so as to permit the

Thcmsonian Practitioners of Medicine to recover for their services.

The House of Representatives sent to the Senate a Bill to provide for the

punishment of persons disturbing the peace of this State under the color of

authority from other Siates of the Union, or any foreign power. The Bill re

ceived the first reading, ar.d was referred to the Committee on the Judiciary.

The House of Representatives also sent to the Senate, a Bill to permit

James Jones to bring back into the State a certain slave ; and

A Bill to amend an Act, entitled an Act to incorporate a Provident Institu

tion for Savings in the city of Charleston ; and

A Bill to alter the times of holding the terms of the City Court of Charles-

ton, and for other purposes, which had received three readings in the House

of Representatives, and two readings in, the Senate. The Bills received the

third reading, and it was Resolved, that they do pass ; that the titles thereof

be changed ; that they be called " Acts," and be returned to the House of

Representatives.



The unfavorable Report of the Committee on the Judiciary, on the Pre

sentment of the Grand Jury of Edgefield, Fall Term, 1844, in relation to the

Court of Equity, was agreed to.

The favorable Report of the same Committee, on the communication of

the State Reporter, transmitting two volumes of his Reports, was agreed to,

and was ordered to be sent 10 the House of Representatives for concurrence.

The unfavorable Report of the same Committee, on a Bill to make it the

duty of the Ch;t ncellors of this State to file their decrees within three months

after the hearing of the causes in which such decrees are to be rendered, was

ordered to lie on the table. The Bill was taken up, received the second

reading, was agreed to, and was ordered to be sent to the House of Repre

sentatives.

The General Orders were suspended, and on motion of Mr. WITHER

SPOON, the Senate took a Recess until 7 o'clock, P. M.

RECESS.

At the hour of 7 o'clock, P. M., the President took the Chair, and the

Senate proceeded to the


The Report of the Committee on Education of the House of Representa

tives, on the Governor's Message, No. 2, as to the fund of the Deaf, Dumb,

and Blind, was concurred in, and was ordered to be returned to the House of

Representatives.

The Committee on the Judiciary was discharged from the further conside

ration of the following papers, viz :

The Presentment of the Grand Jury for Horry, Marion, and Williamsburg,

at Fall Term, 1844, on the subject of carrying concealed deadly weapons:


The Memorial of the citizens of Georgetown in reference to the 3rd sec

tion of the Act of 1823, and the counter Memorial from the Town Council and

citizens of Georgetown, on the same subject:

The Presentments of the Grand Jury of Greenville, Fall Term, 1844, in

reference to the mode of electing Governor and Electors of President and

Vice President of the United States:

The Petition of sundry citizens of York and Chester, as to the fees of cer*

lain officers, the increase ofjurisdiction of Magistrates, and stay ofjudgment.

The Report of ihe Committee on the College, Education and Religion, on

a Resolution of inquiry, as to the absence of a Professor of the South.Carolina

College from his chair, for twelve months, under the permission of the Trus.

tees of the College, was ordered to lie on the table.

The Committee on Roads and Buildings was discharged from the further

consideration of the Presentment of the Grand Jury of Edgefield, Fall Term,

1844, in relation to the pay of Commissioners of Roads.

The Report of the Committee on the Lunatic Asylum and Medical Ac--

counts, on the Petition of several citizens of Barnwell District, praying that

compensation be allowed to Dr. J. E. Bignon, for assisting in a chemical de-'

tection of arsenic, in a case of alleged murder, was ordered to lie on the table.

The Report of the Committee on Roads and Buildings, on the Report of

the Secretary of State on the condition of his office in Columbia and Char

leston, was agreed to, and was ordered to be sent to the House of Representa.

tives for concurrence.

The Report of the Committee on Roads and Buildings, on the Petition of

J. Terry, praying the State to release its interest in a lot in Edgefield, was re

committed, on motion of Mr. PICKENS, with instructions to the Committee to

recommend that the Commissioners of Public Buildings for Edgefield be au

thorized to convey the reversionary interest in the said lot, to Mr. Terry, for

a sufficient consideration.

The unfavorable Report of the Committee on Finance and Banks, on the

Petition of C. O. Daniel, praying to be refunded a double tax, was ordered to

lie on the table; and the Senate granted leave to Mr. Witherspoon, to with*

draw the. petition.


the Petition of George Walker, late Superintendent of Public Works, was

ordered to lie on the table, and leave was granted to Mr. Walker, to with*

draw the petition.


Petition of citizens of Edgefield, Hamburg and Abbeville, praying that a new

road may be opened, was ordered to lie on the table, and leave was granted

to Mr. Pickens, to withdraw the petition.

« The favorable Report of the Committee on Claims and Grievances, on the

account of P. M. Johnson, was agreed to, and was ordered to be sent to the

House of Representatives for concurrence.

The Report of the Committee on Federal Relations, on the second and

third Resolutions introduced into the Senate, in reference to the Message of

the Governor on the subject of Mr. Hoar's Agency in this State, under the

resolution of the Legislature of Massachusetts, and also on a Bill to alter and

explain " an Act for the better securing the liberty of the subject, and for pre

vention of imprisonment beyond the seas," made of force, was agreed to,

and was ordered to be sent to the House of Representatives far concurrence.

The General Order having been disposed of,


A Sill to require the Chancellors to open and hold the Court of Equity in

the several Districts of this State each day during the whole term now aU

lowed by law, received the first reading, and was referred to the Committee

on the Judiciary.

A Bill to provide for a more definite mode of preparing the Reports of

cases carried up to the Appeal Courts, received the first reading, and was re*

ferred to the Committee on the. Judiciary, and was ordered to be printed.

A Bill to raise supplies for the year commencing in October, one thousand

eight hundred and forty-four, received the third reading ; and it was Resolved^

that the Bill do pass ; that the title thereof be changed; that it be called "An

Act," and be returned to the House of Representatives.

A Bill to increase the compensation of Grand and Petit Jurors, which had

been read three time? in the House of Representatives, and twice in the

Senate, was before the Senate on the third rending. On the question of

agreeing to the Bill, the Yeas and Nays were ordered to be taken, and arc as

follows :

Those who voted in the affirmative, are

Messrs. Allston, Messrs. DeTreville> Messrs. Moses,

Appleby, Eaves, Neel,

Blake, Fickling, . Rhame,

Boozer, Gist, Skipper,

Buford, Gregg, H. H. Thomsons

Cain, Johnson, Walker, and

Dargan* Mellard, Washington—21.

Those who voted in the negative, are

The Hon. A. Patterson, President \

Messrs. Arnold, Messrs. Gourdin, Messrs. Murray, j

Boyce, Hanna, , Perry,

Buchanan, Henagan, Rivers.*—14. t

Evins, Huey,

Felder, McWillie,

And it was Resolved, that it do pass ; that the title thereof be changed j

that it be called "An Act," and be returned to the House of Representatives.

Mr. ALLSTON presented the unfavorable Report of the Committee on the

College, Education and Religion, on the Presentments of the Grand Juries of

Marlborough and Darlington, on the subject of the Free Schools ; and the

favorable Report of the same Committee,

On the petition of Bernard E. Bee, praying to be released from a bail bond

in a suit against him on account of the Ludlam School Fund $ which were

ordered for consideration on Monday next.

Mr. DETREVILLE presented the favorable Reports of the Committee

oh Claims and Grievances, on the account of A. H. Pemberton, for printing

and advertising:

On the account of B. F. Smith, for oil furnished for the Citadel in Charles.,

ton; and

On the account of James H. Buckner, for serving summonses and carry*

irg commissions in the contested election tor St. Luke's Parish ; and the

unfavorable Reports of the same Committee, on the petitions of citizens of

York, and of Lewis De Motte and others, praying that the practitioners of

the Thompsonian system of Medicine may be allowed to recover for theif

services ; and

SENATE, MONDAY, DECEMBER 16, 1844.95

On the Petition of James Adams, prnying to bo paid for his land sold by

the State ; which wero ordered for consideration on Monday next.

Mr. BUCHANAN presented the favorable Report of the Committee on the

Military and Pensions, on

A Bill to raise an independent Batallion of Militia, and for other purposes,


Mr. ALLSTON presented the Report of the Committee on the College, Ed-

ucationand Religion, on the Acccunt of Charles Alexander, for teaching char

ity scholars, asking to be discharged from the further consideration of the

same. The Report was ordered to lie on the table, and the Senate granted

leave to Mr, Neel, to withdraw the account.

Mr. FICKLING called up from the table, the Report of the Committee on

the Lunatic Asylum and Medical Accounts, on the Petition of sundry citizens

of Barnwell, praying that compensation be allowed to Dr. J. E. Bignon, for

assisting in a chemical detection of arsenic in a case of alleged murder, and

the Report was agreed to, and was ordered to be sent to the House of Rep

resentatives.

The House of Representatives sent to the Senate for concurrence, the Re

port of the Committee on Public Buildings, on the Petition of sundry citizens

of Barnwell District, praying for a new Court House and Jail, and on the

Presentment of the Grand Jury of Barnwell district, in reference 10 the Court

House and Jail; which was referred to the Committee on Roads and Buildings;

and also,

The Report of the Committee on Agriculture, on sundry Petitions of sev

eral Agricultural Societies in this State, praying a continuance of the Geolog-

ical Survey; which was referred to the Committee on Agriculture and Inter

nal Improvements.

The House of Representatives returned to the Senate, the Report of the

Committee on Claims and Grievances, on the Petition of George B. Locke,

praying payment for provisions furnished for the Citadel and Magazine Guard

in Charleston, in which it had concurred.

On motion of Mr. HENAGAN, it was Ordered, that when the Senate ad

journs, it shall stand adjourned to meet on Monday next, at 1 o'clock.


y

mOBTDAT, DECEMBER 16, 1844.

The Senate met at 1 1 o'clock, pursuant to adjournment.

The Clerk read the journal of the proceedings of Saturday.

The following Resolutions, offered by Mr. PICKENS, were unanimously

agreed to, and were ordered to be sent to the House of Representatives for con

currence: ^ .

Rcs+lved, unanimously, That this Senate considers the recent movement in

the House of Representatives in Congress, in relation to the reception of peti

tions to abolish slavery in any portion of this confederacy, as calculated to

endanger the peace of our State ; as a flagrant outrage upon our rights, and

a decided step towards the subversion of cur institutions, and the dissolution

of this Union.

Resolved, unanimously, That on this subject we admit no legislative pow^

er in Congress, and that such legislation will be in fact a dissolution of the

Federal Compact.


Resolved, unanimously, That if there should be legislation on this subject,

by Congress, that the Governor of this State is hereby requested to call the

Legislature together, in order to decide upon the mode and manner in which

we shall preserve and defend our ancient rights and liberties.

Leave was granted to the Committee on Privileges and Elections to sit dur

ing the session of the Senate.


In the House of Representatives, 16th Dec. 1844.

Mr, President^ and Gentlemen of the Senate :

This House proposes to Senate to postpone the election of State Reporter,

which has been ordered for to-day at 2 o'clock, until 12 o'clock M. to-morrow.

By order of the House:


The Message was ordered to lie on the table.

The House of Representatives sent to the Senate a Bill to abolish the pun

ishment of death, in cases of forgery, and certain other crimes, which had

received two readings in that House. The Bill was ordered to lie on the

table.


Mr. MOSES presented the unfavorable report of the Committee on the

Judiciary, on a Bill to require the Chancellors to open and hold the Court of

Equity in the several Districts of this State, each day during the whole term

now allowed by law 'and also,

The unfavorable Report of the same Committee, on "A Bill to alter and

amend the law on the subject of insolvent debtors, and for other purposes;"

and also,

The favorable Report of the same Committee, on "A Bill to provide for the

punishment of persons disturbing the peace of this State, under color of au

thority from other States of the Union, or any foreign power;" which were

placed in the General Orders for this day.

Mr. WITHERSPOON presented the unfavorable Report of the Commit

tee on Roads and Buildings, on the Petition ofcitizens of St. Andrew's Parish,

praying that a new road be opened ; which was ordered to lie on the table ;

and also,

The favorable Report of the same Committee, on the Report of the Com

mittee on Public Buildings of the House of Representatives, recommending

an appropriation for a new Court House in Barnwell District ; which was




The unfavorable Report of the Committee on the Judiciary, on a Bill to

alter the law on the subject of bail, was agreed to, and the Bill was Conse

quently rejected.

A Bill to amend an Act entitled " an Act to amend the Laws in relation to

slaves and free persons of color," received the second reading, was agreed

to, and was ordered to be returned to the House of Representatives.

A Bill to establish certain Roads, Bridges and Ferries, which had been

twice read in the House of Representatives, was before the Senate on the

second reading. The 9th section of the Bill, as it came from the House,

vested the Jacksonboro' Ferry in Dr. Emanuel Witsell. Mr. WITHER.SPOON, Chairman of the Committee on Roads and Buildings, in pursuance


of the decision of the Senate, moved that the name of Dr. Witsell be stricken out,

and the name of James White, Trustee for Emeline Walkington, be insert

ed, and the same was agreed to. Mr. BOYCE afterwards moved a re-consid

eration, and that the name of Dr. Emanuel Witsell should te restored to the

Bill, as it came from the House of Representatives, and the name of James

White, Trustee, should be stricken out therefor. This motion was ordered

to be decided by yeas and nays, and they are as follows;


Messrs. Cain, Messrs. Henagan, Messrs. Walker,

Dargan, Johnson, Ward,

David, Perry, Washington, and

DeTreville, Pickens, Witherspoon.

Gist, Rivers, 14.



Messrs. Appleby, Messrs. Eaves, Messrs. Moses,

Arnold, Elfe, Neel,

Blake, Felder, Rhame,

Boozer, Gourdin, Skipper,

Boyce, Hanna, C. R. Thomsontte

Buchanan, . Huey, H. H. Thomson.

Buford, Mellard, 21.

The motion to strike out, for the purpose of inserting, was therefore lost.

The Bill received the. second reading, was agreed to, and was ordered to


The General Orders were suspended, and Mr. BOOZER presented the

Report of the Committee on Agriculture and Internal Improvement, on the

various petitions and memorials on the subject of a continuance of the Geo

logical Survey ; and on the Report of the Committee on Agriculture of the

House of Representatives, on the same subject; which was placed in the

General Orders of the day.

Mr. BUCHANAN presented the favorable Report of the- Committee on

the Military and Pensions :

On the petition of John Hudgins, Administrator of Ambrose Hudgins,

praying arrearages of pension; and the unfavorable Reports of the same

Committee,

On the petition of Mary Laird, praying a pension ; and

On the petition of Ann King, widow of Thomas King, praying a pension;

which were placed in the General Orders of the Day.

Mr. MOSES presented the favorabh Report of the Committee on the Judi

ciary, on a Bill to provide for a more definite mode of preparing the Reports

of cases carried up to the Appeal Courts ; which was placed in the General

Orders of the day.

Mr. BUCHANAN presented the petition of Dr. Samuel Langley, praying

compensation for a post mortem examination, which was referred to the Com

mittee on the Lunatic Asylum and Medical Accounts.

Mr. DeTREVILLE presented thefavorable Report of the Committee oa

Claims and Grievances, on the account of James Peckham, for work done

in the Surveyor General's Office; and also the unfavorable Reports of the

same Committee,

U


On the petition of Frederick Johnston, praying compensation for damages

sustained by a Road, opened through his plantation:

On the petition of sundry citizens of York District, praying that the Act of

1817 be amended, so as to permit ihe Thomsonian Practitioners of Medicine

to recover for their services ; which were ordered for consideration to

morrow.

The following Message was received from the House of Represent;; tives,

and was concurred in:


Mr. President and Gentlemen ofthe Senate :

This House asks the Senate to return the Petition of A. L. Mackay. with

the documents, sent to the Senate at the last Session of the Legislature.

By order of the House;


Pursuant to Messages interchanged, the Senate at the hour of 2 o'clock,

joined the House of Representatives, in ballotting for State Reporter: Messrs.

Walker and Ward were appointed a Committee on the part of the Senate

to count the votes.

Immediately after the ballot for State Reporter, the Senate join ed the House

of Representatives in ballotting for President and Directors cf the Bank of

the State of South-Carolina. Messrs. Washington and Bovce were appoint'

ed a Committee on the part of the Senate to count the votes.

Mr. WALKER, from the Committee to count the votes for State Reporter^

reported that neither candidate had received a majority of votes, and there

was therefore, no election. A Message was received from the House of Rep

resentatives, proposing to go forthwith into another ballot for State Reporter,

and the Senate concurred and proceeded to join the House in ballotting there

for. Messrs. Young and Allston were appointed a Committee on the part of

the Senate, to count the votes. Mr. YOUNG from the Committee, reported

that neither candidate had received a majority of votes, and there was there

fore no election.

On motion of Mr. H. H. THOMSON, a Message was sent to the House of

Representatives, proposing to go forthwith into another ballot for State Re

porter; and the House having concurred, the Senate joined the House of Rep

resentatives, in balloting therefor. Messrs. Appleby and Arnold Were ap

pointed a Committee on the part of the Senate to count the votes.



The Report of the Committee-on the Military and Pensions, on a Bill to

re-establish the old Four Hole Beat Company, in the 18th Regiment, was,

together with the Bill, ordered to lie on the table.


amend an Act regulating Hawkers and Pedlars, passed the 19th day of De

cember, 1843, was agreed to> and the bill was consequently rejected.

A Bill to provide for the punishment of persons disturbing the peace of this

State, under color of authority from other States of the Union,- or i,ny foreign

power, which had been twice read in the House of Representatives, received

the second reading in- the Senate. The title of the Bill was amended, so as to

read as follows : >

A Bill to provide for the punishment of persons disturbing the peace of

SENATE, MONDAY, DECEMBER 16, 1844.09

this State, in relation to slaves and free persons of color ; and the bill was

agreed to, and was ordered to be returned to the House of Representatives.

The following Bills had received two readings in the House of Represen

tatives: ,

A Bill to incorporate certain Societies and Companies, and to renew and

amend certain charters heretofore granted:

A Bill to make further provision for the security of public moneys under

the control of the different Boards of Commissioners in this State;

A Bill to raise an independent Battalion of Militia, and for other purposes:

A Bill t:-! incorporate the Presbyterian Church in Abbeville District, here

tofore known as the "Rocky Creek Church;" and

A Bill to grant a Pension to Elizabeth Brown.

The Bills each received the second reading, were agreed to, and were or

dered to be returned to the House of Representatives.

RECESS*

At the hour of 7 o'clock, the President too k the chair, and the Senate pro

ceeded to business.


A Resolution directing the Commissioners of Free Schools, to report va

cancies in their respective boards; and also,


tives, on so much of the Governor's Message No. 2, as relates to the estab

lishment of a Professorship of Greek Literature, in the South Carolina Col

lege ; which were referred to the Committee on the College, Education and

Religion.

Mr. APPLEBY, from the Committee to count the votes for State Re

porter, reported that J. S. G. Richardson had received a majority of votes and

was duly elected.

Mr. WASHINGTON, from the Committee to count the votes for Presi

dent and Directors of the Bank of the State of South Carolina, reported the

following persons duly elected, viz :

F. H. Elmore, President—D. C. Webb, Saml. Burner, Alexander Mc

Donald, Wm. C. Dukes, M. T. Mendenhall, Robt. Caldwell, George N.

Reynolds, .lohn S. Ashe, Wm. B. Pringle, Jas. S. Bowie, H. T. McGee,

and Wm M. Lawton, Directors.




alter and amend the Jaw on the subject of insolvent debtors, and for other pur

poses ; and the unfavorable Report of the same Committee, on a Bill to re

quire the Chancellors to open and hold the Courts of Equity ia the several Dis

tricts of this State, each day, during the whole term now allowed by law-

were agreed to by the Senate, and the bills were consequently rejected.

A Bill to amend the seventh section of an Act, entitled an Act to amend

and explain the Militia Laws of this State, passed on the nineteenth day of

December, in the year of our Lord one thousand eight hundred and nine,

which had been twice read in the House of Representatives, was before the

Senate on the second reading, and on motion of Mr. HENAGAN, the fur

ther consideration of the Bill was postponed to the first ofJanuary next.

A Bill to provide for a more definite mode of preparing the Reports of


cases carried up to the Appeal Courts, which had received two readings it!

the House of Representatives, was before the Senate for a second reading,

and on motion of Mr. W1THERSPOON, the further consideration of the

Bill was postponed to the first day of January next.

The General Orders were suspended, and Mr. HUEY offered a Resolu

tion, directing the Superintendent of Public Works not to institute suit on cer-

tain Bonds, and not to survey or sell lands, held by individuals, under certain

grants, until the first day of December next. The Resolution was ordered

for consideration to-morrow.

The House of Representatives sent to the Senate for concurrence, the Re'

port of the Committee on Claims, on the accounts of sundry citizens of St.

Luke's Parish, for attendance as witnesses in the contested election for St.

Luke's Parish, in that House ; which was referred to the Committee on

Claims and Grievances.



The Resolution directing the Superintendent of Public Works to report the

number of bridges on the State Road, and the cost of building and keeping

them in repair, was concurred in, and was ordered to be returned to the House

of Representatives.


the petition of citizens of York District, and of Lewis De Motte, praying that

Thompsonian practitioners of Medicine may be permitted to recover for their

services, was ordered to lie on the table, and leave was granted to Mr.

WITHERSPOON to withdraw the petition of the citizens of York Dis

trict.

The Committee on the Military and Pensions was discharged from the fur

ther consideration of the petition of the McBrideville Band, praying com'

pensation for services rendered to the 9th and 10th Brigades j and from the

petition of Sunday citizens of the 2d Battalion, 32d Regiment, praying a

change of their muster-ground.

The following unfavorable Reports were agreed to:

The Report of the Committee on Incorporations and Engrossed Acts, on

the petition of the Bennettsville South-Carolina Manufacturing Company,

praying incorporation:

The Report of the Committee on Claims and Grievances, p» the petition of

James Adams, praying to be paid for his land sold by the Sftte;

The Report of the Committee on Finance and Banks, on so much of the

Presentment of the Grand Jury of Edgefield District fall term, 1844, as haJ

reference to the Commissioners of the Poor:

The Report of the Committee on the Military and Pensions, on the petition

of Anne King, widow of Thomas King, praying a pension.

The Report of the Committee on the Military and Pensions, on the Re

port of the Committee on Pensions of the House of Representatives, on the

petition of Mary Laird, praying a pension, was agreed to, and the Report of

the Committee of the House was therefore rejected.

The following favorable Reports were agreed to, and were ordered to be

sent to the House of Representatives for concurrence:

The Report of the Committee on the Military and Pensions, on the petition

of Esther Wallace, praying to be allowed arrearages of pension due her de

ceased husband, and to be placed on the pension roll;

SENATE, MONDAY, DECEMBER 16, 1S44. 101

The Report of the same Committee, on the petition of John Hudgins, Ad

ministrator of Ambrose Hudgins, praying arrearages of pension:

The Report of the Committee on Claims and Grievances, on the account of

James H. Buckner, for carrying commissions and serving summonses in the

contested election for Senator of St. Luke's parish:

The Report of the same Committee, on the account of B. F. Smith, for oil

furnished for the Citadel in Charleston:

The Report of the same Committee, on the account of A. H. Pemberton,

for printing and advertising:

The Report of the Joint Committee on Accounts, on the Contingent ac

counts against the lower division of the Treasury.

The following Reports were placed in the General Orders of the day for

to-morrow:


on the various memorials and petitions praying a continuation of the Agri

cultural Survey, and on the Report of the Committee on Agriculture of the

House of Representatives, on the same subject:

The Report of the Committee on Federal Relations, on the memorial of

John Strohecker and others, praying remuneration for losses sustained by

the seizure of slaves on board the schooner Enterprize, by the British au

thorities on the Island of Bermuda:

The Report of the Committee on the College, Education and Religion, on

the Governor's Message No. 2, in relation to a Professorship of Greek Liter

ature in the South-Carolina College

The Report of the same Committee, on the Presentments of the Grand Ju

ries of Marlboro' and Darlington, in relation to the Free Schools:

The Report of the same Committee, on the petition of Barnard E. Bee,

praying to be released from a Bail Bond in a suit against him on account of

the Ludlan School Fund.

The General Orders were disposed of.

The. following Bills had received two readings in the House of Represen

tatives, and two readings in the Senate:

A Bill to authorize the South-Carolina Rail Road Company, to aid in con

structing a Branch of their Road to the town of Camden:

A Bill to vest the right and title of the State, in and to a certain house and

Jot in the village of Darlington, in James Bell:

A Bill to declare the meaning of an Act prescribing the mode of electing

CJerks, Sheriffs and Ordinarjes, passed on the twenty-first day of December,

Anno Domini, one thousand eight hundred and thirty-nine:

A Bill for the more effectual punishment of the official misconduct of

Sheriffs:

The Bills received the third reading, and it was Resolved, that they do

pass; that the titles thereof be changed; that they be called "Acts," and be


On motion of Mr. McWILLIE, the Report of the Committee on Privile

ges and Elections, on the Memorial of sundry citizens of St. Luke's Parish,

contesting the seat of the sitting member, was called from the table, and was

recommitted.

Mr. DaTREVILLE presented the favorable Report of the Committee on

Claims and Grievances, on the Report of the Committee on Claims of th e

House of Representatives, on the petition of citizens of St. Luke's Parish ,

praying compensation for attending as witnesses in the contested election fot


a member ofthat House, from St. Luke's Parish ; which was ordered for

consideration to-morrow.

Leave of absence for the remainder of the Session, was granted to Mr. II.

H. Thomson, on and after to-morrow.

On motion of Mr. BOOZER, it was Ordered, that when the Senate ad

journs it shall stand adjourned to meet to morrow, at eleven o'clock.

On motion of Mr. BOOZER, the Senate adjourned.

TUESDAY, DECEMBER 17, 1844.

The Senate met at eleven o'clock, pursuant to adjournment.



Mr. ALLSTON presented the favorable Reports of the Committee on

the College, Education and Religion, on the Report of the Committee on

Education of the House of Representatives, on the Governor's Message No

2, in relation to a Greek Professorship in the South-Carolina Colleger

On a Resolution requiring the Commissioners of Free Schools to report

vacancies in their respective Boards ; which were placed in the General

Orders for this day.


Claims and Grievances, on'lhe Report of the Committee on Claims of the

House of Representatives, on the account of Symmes & Bridwefl, for print

ing in the Pendleton Messenger; and,

On the Report of the same Committee, op the account of DuBose <Je.

Johnston, for printing Ruffin's Report; which were placed in the General

Orders of this day.


A Bill to make further provision for the sucurity of public moneys under

the control of the different Boards of Commissioners in this State, which had

been read three times in the House of Representatives, was beforo the Sen

ate for a third reading. On the second reading of the Bill in the Senate; the

words, "any one" and "each member of such Board," had been stricken -out,

in the first and third lines of the 4th section of the Bill, and the words, "Chair

man and Treasurer," and "each Chairman and Treasurer," had been'ia-

serted ; and on the third reading of the Bill in the House of Representatives,

the amendment of the Senate had been stricken out, and the clause, as it

was originally in the House of Representatives, was restored. A message

was sent to the House of Representatives, asking leave to restore the amend

ment made by the Senate.

The House of Representatives returned the following message :

In the House of Representatives,. December 17, 1844.


This House refuses leave to Senate to strike out the words, "any one" and

each member of such Board," in the first and third lines of the 4th section of

a Bill to make further provision for the security of public moneys under the

control of the different Boards of Commissioners in the State, for the purpose

of inserting the words, "the Chairman and Treasurer" and "each Chairman

and Treasurer"

By order of the House of Representatives:

W. F. COLCOCK, Speaker-


The Senate returned a message, insisting on asking leave to make the

amendments, and informing the House that Messrs. Boozer, Huey and

Witherspoon, had been appointed a Committee of free conference, and ask

ing the House to appoint a similar Committee to meet the Committee of the

Senate.

The House of Representatives returned a message, insisting on refusing

leave to amend, and assenting to the appointment of a Committee of confer

ence, and informing the Senate that Messrs. E. G. Palmer, W. J. Alston,

and Jos. A. Black, had been appointei the Committee on the part of the

House.

Mr. BOOZER, from the Committee, submitted the following Report:

The Committee of Conference, appointed on the part of the Senate, to meet a

similar Committee on the part of the House of Representives, to take into

consideration the subject of disagreement between the two Houses, on an Act

to make further provision for the security of public moneys under the control

of the different Boards of Commissioners in this State, Report, that they re

commend that the 4th section of the said Act be so amended as to read as

follows, to wit: In case any one of the said Boards of Commissioners shall

neglect or refuse to make said report or publication, such Boards, so neglect

ing or refusing, shall forfeit and pay the sum of fifty dollars, to be recovered

by action of debt, in any court of competent jurisdiction ; and it shall be the

duty of the Solicitor of the circuit, or Attorney-General, as the ca6e may be,

and he is hereby required, to bring said action for the recovery of said

penalty.

The Report was agreed to, and a message was sent to the House of Re

presentatives, asking leave to amend the Bill accordingly. .

The House of Representatives returned a message, granting leave, and

the Bill was amended accordingly.


amend the 5th section, by adding in the first part the words, " that so much

of" and further to amend the section, by adding the words, "as requires the

said Commissioners of the Poor to make annual returns to the Comptroller

General, of the amount of moneys received and expended, with the names of

the persons relieved and supported;" which words had been inserted by the

Senate, on the second reading, and had been stricken out by the House of

Representatives on the third reading. The House of Representatives re

turned a message granting leave, and the Bill was amended accordingly, and

received the third reading; and it was Resolved, that the Bill do pass; that

the title thereof be changed ; that it be called an Act, and be returned to the


A Bill to establish certain roads, bridges and ferries, which had received

two readings in the House of Representatives, was before the Senate for the

third reading.

The ninth section ofthe Bill, referring to the Jacksonboro ferry, as it went

from the Senate on the second reading, had been amended by the House of

Representatives on the third reading, by striking out the name of "James

White, trustee for Emetine Walkinglon" and inserting the name of "Eman

uel Witsell."

On the question of agreeing to the amendment of the House of Representa

tives, the yeas and nays were ordered to be taken, and they are as follows:

Those who voted in the affirmative, are :


Messrs. DeTreville, Messrs. Pickens, Messrs. Walker and

Henagan, Rivers, Witherspoon.-7.

Johnson,

Those who voted in the negative, are :


Messrs. Allston, Messrs.- Elfe, Messrs. Neel,

Blake, Huey, Rhame,

Boozer, Mellard, . Skipper and

Buford, Moses, Ward.—14.

Eaves,

The amendment was therefore not agreed to.

A message was sent to the House of Representatives, proposing to that

House to restore to the Bill the name of "James White, trustee for Emeline

Walkington," and to strike out that of "Emanuel Witsell." The House of

Representatives returned the following message:



This House refuses leave to the Senate, to strike out the words Emanuel

Witsell, in the 9th section of a Bill to establish certain roads, bridges and

ferries, for the purpose of inserting the words "James White, trustee of

Emeline Walkington."



The Senate returned a message, insisting on asking leave to amend, and in

forming the House that the Senate had appointed Messrs. Felder, Elfe

and Walker, a Committee of Free Conference on the part of the Senate.

The House of Representatives returned a mesaage, insisting on refusing

leave to amend, and assenting to the appointment of a Committee of Free

Conference, and informing the Senate that Messrs. Carn, H. S. King, and

McCarthy, had been appointed a Committee .on the part of the House on thi

subject.

Mr. FELDER, from the Committee of Free Conference' submitted a Re

port, recommending that the 9th Section of the Bill be stricken out, to insert

the following.

Section 9th. "That the ferry at Jacksonboro, commonly called the Jack-

sonboro ferry, be, and the same is hereby re-chartered, and vested in Dr.

Emanuel Witsell, and Emeline Walkington, jointly, for the term of eight

years, at the same rates of toll as heretofore allowed by law."

The Report was agreed to, and a message was sent to the House of Repre

sentatives, asking leave to amend the Bill accordingly. The House of Re

presentatives returned a message, granting leave, and the Bill was amended

accordingly, and received the third reading; and it was Resolved, that the Bill

do pass; that the title thereofbe changed; that it be called "an Act" and be return

ed to the House of Representatives.

The following Bills had received three readings in the House of Repre

sentatives, and two readings in the Senate:

A Bill to incorporate the Presbyterian Church in Abbeville District,

heretofore known as the '. Rocky Creek Church:"

A Bill to incorporate certain Societies and Companies, and to renew and

amend certain Charters heretofore granted:


A Bill to raise an Independent Battalion of Militia, and for other pur

poses:

A Bill to provide for the punishment of persons disturbing the peace of

this State, in relation to slaves and free persons of color:

The Bills each reeeived the third reading, and it was Resolved, that they do

pass; that the titles thereof be changed; that they be called "Acts," and be


A Bill to amend the Attachment Laws of this State, which had received

three readings in the House of Representatives, was before the Senate for the

third reading. On the second rnariinp of the Bill in the Senate, the 8th sec

tion was added thereto, and was stricken out by the House of Representa

tives, on the third reading.

A Message was sent to the House of Representatives, asking leave to re

store the 8th section of the Bill. The House of Representatives returned the

following message:



This House refuses leave to Senate "to restore the 8th section of a Bill to

amend the attachment laws of this State," inserted by the Senate on the second

reading, and stricken out by this House on the third reading.



The amendment of the House was then agreed to by thr Senate; and the

Bill received the third reading, and it was Resolved, that the Bill do pass;

that the title thereof be changed; that it be called "an Act," and be returned to

the House of Representatives.

A Bill to make appropriations for the year commencing in October, one

thousand eight hundred and forty-four, which had received three readings in

the House of Representatives, was before the Senate on the third reading.

Amendments having been offered to the Bill in the House of Representa

tives on the third reading, the Bill was referred to the Committee on Fi

nance and Banks, from which Committee Mr. PERRY offered the follow

ing Report:

The Committee on Finance and Banks, to whom was referred the Ap

propriation ' Bill, with various amendments made in the House of Represen

tatives on its third reading, have had the same under consideration, and ask

leave to report.

Your Committee recommend that the Seriate do concur in the amend

ments made by the House of Representatives, appropriating fifteen dollars for

an assistant door keeper—-also for the purchase of books for the Legislative

Library, five hundred dollars—also increasing the apprc priation to five hun

dred dollars, for the purchase of books for the library of the Court of Ap

peals in Charleston—also increasing the appropriation to thirty thousand

dollars, for the pay of Jurors and Constables—also one thousand dollars, if

so much be necessary, for the payment of Claims, reported upon by Commit

tees—also five hundred dollars for the purchase of books for the use of the

Court of Appeals in Columbia.

Your Committee recommend that the Senate do disagree to the amend

ment of the House, allowing two thousand dollars for the repairing of arms

and for arsenal purposes in Charleston and Columbia.

106 SENATE, TUESDAY, DECEMBER 17, 1S44.

Your Committee also recommend that the Senate do concur in the amend

ment making appropriation for A. S. Johnston, Printer.

Also for repairs on the State House and grounds—also for the Geological

Survey—also for building a Court House at Barnwell.

On the third reading of the bill, the House of Representatives had stricken

out the appropriation of two hundred dollars for the purchase of books for

the library of the Court of Appeals at Charleston, in the third section of the

Bill, and had inserted "Jive hundred dollars" therein. A message was

sent to the House of Representatives; asking leave of the House to amend the

Bill by striking out five hundred, to insert "two hundred and fifty." The

House of Representatives returned a message, granting leave, and the bill

was amended accordingly.

On the third reading of the Bill in the House of Representatives, the fol

lowing words in the 5th Section had been stricken out, to wit:

"For the purchase of books for the College library, two thousand dollars,

to be paid to the draft of the President of the College, countersigned by the

Treasurer of the same"—and the following had been inserted.

"For a Professorship of Greek Literature and Language, two thousand

and five hundred dollars."

On the question of agreeing to the amendment, the yeas and nays were or

dered, and they are as follows :

Those who voted in the affirmative, are':


Messrs. Allston,

Appleby,

Arnold,

Buchanan,

Cain,

Dargan,

David,

DeTreville,

Messrs. Elfe,

Fickling,

Gist,

Gourdin,

Gregg,

Hanna.

McWillie,

Moses,

Messrs. Murray,

Perry,

Pickens,

Ward,

Washington,

Witherspoon and

. Young.—24.

Those who voted in the negative, are :

Messrs. Felder,

Henagan,

Huey,

Johnson,

Mellard,

Messrs. Neel,

Rhame,

Rivers,

Skipper and

Walker.—16.

Messrs. Blake,

Boozer,

Boyce,

Buford,

Eaves,

Evins,

The amendment introduced by the House of Representatives, was there

fore agreed to.

The following words in the 7th section had been stricken out by the Sen

ate, on the second reading, and had been restored by the House on the third

reading, to wit :

"For repairing arms, and for Arsenal purposes, in Charleston and Colum

bia, under the act of eighteen hundred and thirty-three, two thousand dollars,

if so much be necessary." The Senate refused to agree to the amendment,

and a message was sent to the House of Representatives, asking leave to strike

out the words above referred to. The House of Representatives returned a

message refusing leave to the Senate so to amend the section.

A message was sent to the House of Representatives, insisting on asking


leave to amend, and informing the House that Messrs. Boozer, Boyce and

Rivers, were appointed a Committee on the part of the Senate, to confer

freely with a Committee of the House, and asking the House to appoint a

similar Committee, to meet the Committee of the Senate. The House of

Representatives returned a message insisting on refusing leave, and inform

ing the Senate that the House had appointed Messrs. Jamison, Wallace and

G. W. Williams a Committee of Free Conference on this subject.

Mr. BOOZER, from the Committee of Free Conference, submitted a Report,

recommending that the clause stricken out by the Senate, be restored into the

following amendment : that the words "two thousand dollars" be stricken out,

to insert "one thousand dollars-" and that the words "under the act of 1833"

be stricken out.

The Report was agreed to, and a message was sent to the House of Repre

sentatives asking leave to amend the Bill, in pursuance of the Report of the

Committee. The House of Representatives returned a message granting

leave, and the Bill was amended accordingly.

Mr. HENAGAN moved to strike out the appropriation of two thousand

dollars for the Geological and Agricultural Survey; which question was or

dered to be decided by yeas and nays, and they are as follows:

Those who voted in th& affirmative, are :

Messrs. Appleby, Messrs. Felder, Messrs. Neel,

Boyce, Gist, Rhame,

Dargan, Hanna, Skipper,

David, Henagan, Witherspoon and

Eaves, Huey, Young.—16.

Evins,

Those who voted in the negative- are :

' The Hon. Angus Patterson, President, and

Messrs. Allston, Messrs. DeTreville, Messrs. Moses,

Arnold, Elfe, Murray,

Blake, Gourdin, Perry,

Boozer, Gregg. Pickens,

Buchanan, Johnson, Rivers and

Buford, . Mellard, Walker —20.

Cain,

The motion to strike out was therefore lost.

The Bill received the third reading, and it was Resolved, that the bill do

pass; that the title thereof be changed; that it be called "An Act," and be


The Report of the Committee on Agriculture of the House of Representa

tives, on sundry petitions of various Agricultural Societies, praying a con

tinuance of the Agricultural Survey, was then called up, and a message was

sent to the House of Representatives, asking leave to amend the report, by

striking out the provision for continuing the Geological Survey for two years,

for the purpose of inserting one year ; and the House of Representatives re

turned a message refusing leave.

On motion of Mr. MOSES, the Senate took a recess until 7 o'clock, P. M.

RECESS.

At the hour of seven o'clock, the President took the chair, and the Senate

proceeded to business.

The House of Representatives sent to the Senate, the report of the Joint


Committee on Accounts, on the contingent accounts against the Upper Di

vision of the Treasury ; and the report was concurred in, and was ordered to


Mr. GIST presented the Report of the Special Committee, to which was

referred the report of the President of the Bank of the State, in answer to

a call for information concerning debts due by Incorporated Manufacturing

Companies; which was ordered for consideration to-morrow, and to be

printed.

The House of Representatives sent to the Senate, a Bill to exempt the

St. Helena Mounted Rifle Company from attending regimental reviews ;

which had been read twice in the Se»ate, and twice in the House of Repre

sentatives. On motion of Mr. BUCHANAN, the bill was ordered to lie on the

table.

Mr. UeTREVILLE called up from the General Orders, the Report of

the Committee on Claims of the House of Representatives, on the petition of

citizens of St. Luke's Parish, for compensation for attending as witnesses in

the contested election fcr a member of that House from St. Luke's Parish ;

the report was concurred in, and was returned to the House of Representa

tives.

Mr. DeTREVILLE presented the account of Benjamin Hart, for inci

dental expenses for the State House, which was referred to the Committee

on Claims and Grievances.

Mr. PERRY offered the following Resolution, which was agreedto, and

was ordered to be sent to the House of Representatives :

Resolved, that the Committees of the Senate and House of Representa

tives, on the Legislative Library, do make a Report at the next sitting of the

Legislature, setting forth the manner in which the appropriation for the Le

gislative Library has been expended, the books purchased, and so forth.

The Senate granted leave to Mr. ALLSTON to withdraw the account of

the Winyaw Observer newspaper frcm the Committee on Claims and

Grievances.

The following Message was received from the House of Representatives-:


Mr. President, and Gentlemen of the Senate:

This House has appointed Messrs. Manning, Heyward, Chesnut,

English, and E. G. Palmer, a Committee on the part of this House, to

nominate suitable persons as proxies to represent the interests of this State

in the South-Carolina Rail Road Company, and asks Senate to appoint a

similar Committee to meet the Committee of the House on that subject.



The Senate concurred, and returned a message, informing the House that

Messrs. Boyce, McWillie, Moses, DeTreville, and Allston, were

appointed the Committee on the part of the Senate.



A Resolution directing the Superintendent of Public Works not to insti

tute suit on certain bonds, and not to survey nor sell lands held by individuals

under certain grants, until December next, was placed in !he General Orders

of the day for to-morrow.



tives, on so much of the Governor's Message No. 2, as relates to a Profes

sorship of Greek Literature in the South-Carolina College, was concurred

in, and was ordered to be returned to the House of Representatives.

The Report of the Committee on the College, Education and Religion,

on the same subject, was ordered to lie on the table.


on various petitions and memorials, praying a continuance of the Geological

Survey, and on the Report of the Committee on Agriculture of the House of

Representatives, on the same subject, was ordered to lie on thetuble.

The unfavorable Report of the Committee on the College, Educa.ion and

Religion, on the Presentments of the Grand Juries of Marlborough and

Darlington, on the subject of the Free Schools, was agreed to.

The Report of the Committee on Federal Relations, on the petition of

John Sirohecker and others, praying remuneration for losses sustained by

the seizure of slaves on board of the schooner Enterprise, by the British

authorities in the Island of Bermuda, was ordered to lie on the table.

The favorable Report of the Committee on the College, Education and

Religion, on the petition of Barnard E. Bee, praying to be released from a

bail bond in a suit against him, on account of the Ludlam School Fund ;

and,

The favorable Report of the Committee on Claims and Grievances, on

the account of James Peckham, for work done in the Surveyor-General's

office ; were agreed to, and were ordered to be sent to the House of Repre

sentatives, for concurrence.

The Report of the Committee on Public Buildings of the House of Re*

presentatives, on the petition of sundry citizens of Barnwell district, praying

for a new Court House and Jail ; and on the presentment of the Grand Jury

of Barnwell district, on the same subject; was concurred in, and was ordered

to be returned to the House of Representatives.

The General orders were suspended.

The following Bills had received two readings in the Senate, and two

readings in the House of Representatives :

A Bill to postpone one week the sittings of the several Courts of Equity

in the fourth Equity Circuit, and to change the sittings of certain Courts of

Equity in the sixth Equity Circuit:

A Bill to require the Ordinary for Kershaw, to transfer to the Ordinary

of Sumter district, all the records in his office pertaining to the latter district

prior to the esiablishment of a Court of Equity therefor:

A Bill to amend an Act entitled an Act more effectually to prevent free

negroes and persons of color from entertng into this State, and for other pur*

poses, passed the 19th day of December, A D. 1835i

A Bill to confer additional powers on the Intendant and Town Council

of the village of Lancaster.

The Bills each received the third reading, and it was Resolved, that they

do pass ; that the titles thereof be changed ; that they be called Acts, and be


The following Bills had received three readings in the House of Repre-

sentatives, and two readings in the Senate:

A Bill to amend an Act to amend the laws in relation to slaves and free

persons of color:

A Bill to amend an Act entitled an Act to revive and amend an Act enti*

tied an Act to incorporate the Union Insurance and Trust Company;


A Bill to grant a Pension to Elizabeth Brown.

The; Bills received the third reading, and it was Resolved, that they do

pass ; that the titles thereof be changed ; that they be called " Acts " and be


The House of Representatives returned to the Senate, the following Acts:

An Act to declare the meaning of an Act prescribing the mode of elect

ing Clerks, Sheriffs and Ordinaries, passed on the 21st. day of December,

Anno Domini one thousand eight hundred and thirty nine:

An Act to vest the right and title of the State in and to a certain house

and lot in the village of Darlington, in James Bell :

An Act to authorise the South-Carolina Rail Road Company to aid in

constructing a Branch of their Road to the town of Camden:

An Act for the more effectual punishment of the official misconduct of

Sheriffs. And they were referred to the Committee on Incorporations and

Engrossed Acts.

The House of Representatives also returned to the Senate,

An Act to require the Ordinary for Kershaw, to transfer to the Ordinary

of Sumter district, all the records in his offico pertaining to the latter dis-

trict prior to the establishment ofa Court of Ordinary therefor:

An Act to confer additional powers on the Intendant and Town Council

of the Village of Lancaster: *

An Act to postpone one week the sittings of the several Courts of Equi

ty, in the fourth Equity Circuit, and to change the sittings of certain Courts

ofEquity in the sixth Equity Circuit:

An Act to amend an Act entitled an Act more effectually to prevent free

negroes and other persons of color from entering into this State, and for

other purposes, passed the 19th. day of December, Anno Domini 1835.

And they were referred to the Committee on Incorporations and Engrossed

A-Cts

On motion of Mr. WITHERSPOON, it was Ordered, that when the

Senate adjourns, it shall stand adjourned to meet to-morrow at eleven

o'clock.

On motion of Mr. BOOZER, the Senate adjourned. 1


The Senate met at 11 o'clock, pursuant to adjournment


The House of Representatives sent to the Senate the following papers :

The Report of the Committee on Education of the House of Represent

tatives, on the Report of the Vestry of St. James, Goose Creek, on the Lud-

lam School Fund ; which was referred to the Committe eon the College

Education and Religion :

The Report of the Committee of Ways and Means, on so much of the

Comptroller-General's Report, as relates to Lotteries ; which u as referred to

the Committee on Finance and Banks:

The Report of the same Committee, on the petition of the Commissioners

of the Poor for Lexington district, praying to be relieved from a prosecution ;

which was concurred in, and sent to the House of Representatives :

The Report of the Committee on Claims, on the account of J. N. Cardozo

& Co., for printing :

The Report of the same Committee) on the account cf the Richland Artil*

lery, of Pickens district :

SENATE, WEDNESDAY, DECEMBER 18, 1844.. \tl

The Report of the same Committee, on the account of Joseph Baskin, lata

Sheriff of Kershaw district, for blankets furnished the jail in said district:

The Report of the same Committee, on the account of B. Gass, late She

riff of Kershaw district, for blankets furnished to the jail in said district :

The Report of the same Committee, on the petition of Kinloch, Philips &

Co., for corn and hay furnished the Citadel and Magazine Guard in Charles

ton district; which were referred to the Committee on Claims and Grievances:

The Report of the Committee on Claims, on the petition of James H.

Buckner, praying compensation for services rendered the State j which was

referred to the same Committee : and

The Report of the Committee on Federal Relations, upon the protest and

declaration of the State of Massachusetts and Providence Plantations : which

was referred to the Committee on Federal Relations :

The Report of the Committee on Internal Improvements of the House of

Representatives, on the petition of Lewis Pou, praying- the Legislature to

confirm his title to a certain tract of land ; which was referred to the Com

mittee on Agriculture and Internal Improvements :

The Report of the same Committee, on the petition of J. A. Leland, for

services rendered the State :

The Report of the same Committee, on the Petition of G. B. Greer, pray

ing compensation for work upon the State Road over Saluda ; which were

referred to the Committee on Agriculture and Internal Improvements;

The Report of the Medical Committee of the House of Representatives, on

the several accounts of Dr. J. H, Boatwright for professional services ren

dered State prisoners ;

The Report of the same Committee, on the account of Dr, W. M. Lee,

for services rendered to a State prisoner : and

The Report of the same Committee, on the account of Dr. F. J. Flinn,

for services rendered a State prisoner ; which were referred to the Committee

on the Lunatic Asylum and Medical Accounts :

The Report of the Cqmmittee on Pensions, of the House of Representa

tives, on the petition of Hannah Hudgeons : and

The Report of the same Committee, on the petition of Milly Ward ; and

The Report of the same Committee, on the petition of Benjamin Dickson;

which were referred to the Committee on the Military and Pensions :

The Report of the Committee on Accounts, on- the Resolution of 6th De

cember, in relation to a reduction in the "Fee Bill ;" which was referred to



The Report of the Committee on Privileges and Elections of the House of

Representatives, on Resolutions referred to said Committee ; which was re

ferred to the Committee on Privileges and Elections :

The Report of the Committee on Education, on the Returns of the Com

missioners of Free Schools for the several Districts and Parishes ; which

was referred to the Committee on the College, Education and Religion :

The Report of the Committee of Ways and Means, on a Bill to regulate

the auditing of contingent accounts against the State: and

A Resolution in relation to the Comptroller General's investigating bills of

credit ; which were referred to the Committee on Finance and Banks : also

The Report of the Committee on Claims, on the petition of A. Campbell,

praying compensation as a witness in the contested election of St Bartholo

mew's ;


The Report of the same Committee, on the petition of George H. PooSer,

late Sheriff of Orangeburg, praying payment of an account:

The Report of the same Committee, on the petition of L. B. Clarke, pray-'

ing compensation for dieting a prisoner and his guard :

The Report of the same Committee, on the petition of Jacob Stephens, pray*

ing compensation for services rendered in the matter of the St. Bartholomew's

contested election :

The Report of the same Committee, on the petition of Thomas Pye, pray

ing compensation as a witness in the contested election from St. Bartholomew's

Parish;

The Report of the same Committee, on the account of Charles Wilcox,

for board of State prisoners, and articles furnished them ;

The Report of the same Committee, on the petition of C. B. Farmer, for

compensation for attending as a witness in the matter of the St. Bartholo*

mew's contested election :

The Report of the same Committee, on the account of Samuel Isaacs, a

witness in the contested election of St. Luke's ;

The Report of the same Committee, on the petition of Simon Verdier and

others, praying compensation for attending the Committee on Privileges and

Elections, in the contested election from St. Bartholomew's Parish ;

The Report of the same Committee, on the account of T. W. Glover,

Clerk of the House of Representatives, for paper and stationery ; which

wee referred to the Committee on Claims and Grievances.

The House of Representatives also sent to the Senate, . .


on the accounts of John A. Stuart, for public printing:

The Report of the same Committee, on the petition of John W. Summer,

trustee of the children of William Summer, praying compensation for a slave

executed ;

The Report of the same Committee, on the account of John Stubs, for

printing :

The Report of the same Committee, on the account of W. F. Durisoe, for

public printing i «,

The Report of the same Committee, on the account of A. S. Johnston, for

books furnished the State :

The Report of the same Committee, on the petition of Samuel Jordan,

praying payment for a slave executed ; '

The Report of the same Committee, on the petition of the Secretary of

State, praying payment of his account against the State :

The Report of the same Committee, on the account of T. W. Pegues, for

public printing :

The Report of the same Committee, on the account of I. C. Morgan, for

printing ;

The Report of the same Committee, on the account of G. W. Hopkins, for

public printing :

The Report of the same Committee, on the petition of Mills Summer, ad'

ministrator, praying compensation for services of his intestate, as a juror;

The Report of the same Committee, on the petition of Oswald Reeder,

praying compensation for a slave executed :

The Report of the same Committee, on the petition of A. H. Pemberton,

praying payment of his account against the State, for printing and advertising:

The Report of the same Committee, on the account of O. H. Wells, for

printing ; all of which were referred to the Committee on Claims and Grie*


The House of Representatives also sent to the Senate for concurrence, the

following Reports :

The Report of the Abbeville Delegation, upon the report of the trustees '

of the estate of Dr. John De La Howe, for November, 1844, and the accom

panying papers, which was referred to the Committee 6n the College, Edu

cation and Religion ; and

The Report of the Committee on Education of the House, on the petition

of Bernard E. Bee ; which was concurred in, and ordered to be returned to


The House of Representatives also sent for concurrence,

The Report ofthe Medical Committee of the House, on the account of Dr.

Jos. W. Duncan, for services rendered in the examination of a transient pauper

lunatic ; and

The Report of the same Committee, on the account of Dr. Jas. O. Hagood,

for examining a transient pauper lunatic ; which were referred to the Com

mittee on the Lunatic Asylum and Medical Accounts ; and also,

The Report of the Committee on the Judiciary, on so much of the Govern

or's Message as relates to the offices of Secretary of State and Surveyor Gene

ral; which was referred to the Committee on the Judiciary.


A Resolution providing for altering the Gallery of the House of Represen

tatives ; which was referred to the Committee on Roads and Buildings ; and

The Report of the Committee on the Legislative Library, on that part of

the Message, No. 1, of his Excellency the Governor, which relates to the

New-York Historical Society ; and also on the memorial of the said Society,,

praying for copies of certain reports and documents ; which was referred to

the Committee on the Legislative Library ; also,

The Report of the Committee on the Lunatic Asylum, on the report of the

Regency of that institution ; which was referred to the Committee on the Lu

natic Asylum and Medical Accounts.


Mr. MOSES presented the Report of the Committee on the Judiciary, on

the report of the Committee on Accounts of the House of Representatives, on

a resolution in relation to a reduction in the Fee Bill ; which was ordered to

be placed in the General Orders of this day.

Mr. PERRY presented the Report of the Committee on Finance and

Banks, on the report of the Committee of Ways and Means of the House of

Representatives, on a Bill to regulate the auditing of contingent accounts

against the State : also,

The Report of the same Commiitee, on the report of the Committee of

Ways and Means of the House of Representatives, on so much of the Comp

troller-General's report as relates to Lotteries ; also,

The Report of the same Committee, on the Resolution of the House of

Representatives, in relation to~the Comptroller-General's investigating bills

of credit; which were placed in the General Orders of the day.

Mr. MOSES presented the Report of the Committee on the Judiciary, on

the report of the Committee on the Judiciary of the House of Representatives,

on so much of the Governor's Message as relates to the offices of Secretary of

State and Surveyor-General ; which was ordered to be put in the General Or

ders for to-day.

The House of Representatives sent to the Senate for concurrence, a Resod

lution to print, compile and distribute, the Militia laws ; which was referre-

to the Committee on the Military and Pensions.

H


The House of Representatives returned to the Senate the following Reports,

in which it had concurred :The Report of the Committee on Claims and Grievances, on the account of

John E. Grist, for printing done for the State:

The Report of the same Commhlee, on the account of Samuel Weir, for

printing :The Report of the same Committee, on the account of W. W. Purse, for

work done in the Surveyor-General's office:

The Report of the same Committee, on the claim of W. W. Purse, for

work done in the Senrte Chamber :The Report of the same Committee, on the account of the Clerk of the Se

nate, for stationery furnished for the Senate, for 1844 :

The Report of the same Committee, on the petition of B. f lart, praying pay

ment of an account for hire of servants for the State House :

A Resolution for paying the assistant Door-keeper of the Senate :

A Resolution providing for a report of expenditures for books for the Legis

lative Library :The Report of the Committee on the Military and Pensions, on the peti

tion of Elizabeth Brown, daughter of Sergeant Jasper, praying a pension :

The Report of the same Committee, on the petition of Hannah Hudgeons,

praying a pension :The Report of the Commtttee on the Judiciary, on the petition of the Com

missioners of the Poor for Lexington, praying to be exempted from prosecu

tion for failing to make a return to the circuit court ;

The Report of the same Committee, on the petition of the Commissioners

of Poor for Clarendon, praying to be excused from liability to a fine incurred

for neglecting to make a return to the Court of Common Pleas.

Mr. ALLSTON presented the Reports of the Committee on the College.

Education and Religion, on the Report of the Committee on Education of

the House of Representatives, on the returns of the Commissoners of Free

Schools for the several districts and Parishes; and on

The Report of the same Committee, on the Report of the vestry of St.

James, Goose Creek, on the Ludlam School Fund; and on

The Report of the Abbeville delegation in the House of Representatives,

upon the report of the trustees of the estate of Dr. John De La Howe, lor

November 1844, and the accompanying papers. The reports of the Com

mittee of the House of Representatives were concurred in, and were ordered

to be retured to the House of Representatives.

Mr. WITHERSPOON presented the Report of the Committee on Roads

and Buildings on a Resolution from the House of Representatives, on the

subject of altering the Gallery. The resolution was concurred in, and was

ordered to be returned to the "House of Representatives.

Mr. GREGG, presented the Report of the Committee on the Legislative

Library, on the Report of the Committee on the Legislative Library from

the House of Representatives, on that part of the Message No. 1, of his Ex

cellency the Governor, relating to the New-York Historical §oeiety; and also

on the Memorial of said Society, praying for copies of certain reports and doc

uments. The Report of Committee of the House of Representatives, was

concurred in, and was ordered to be returned to the House of Representatives.

Mr. BUCHANAN presented the Report ofthe Committee on the Military

and Pensions, on the Report of the Committee on Pensions of the House of

Representatives, on the petition of Milly Ward;

On the Report of the same Committee, on the petition of Hannah Hudgeons:

and


On a Resolution to print, compile and distribute the Militia Laws; and

they were concurred in, and were ordered to be returned to the House of

Representatives.

Mr. BUCHANAN presented the unfavorable Report of the Committee

*n the Military and Pensions, on the Report of the Committee on Pensions

of the House of Representatives, on the petition of Benjamin Dickson,

praying a pension; and the same was agreed to.

Mr. BUFORD presented the unfavorable Report of the Committee on the

Lunatic Asylum and Medical accounts, on the Report of the Medical Com

mittee of the House of Representatives, on the petitions of Drs. James W.

Duncan and James O. Hagood, for examination of transient Lunatic Paupers;

.and the same was agreed to.

Mr. BUFORD presented the favorable Reports of the Committee on the

Lunatic Asylum and Medical accounts, on the Report of the Medical Com

mittee of the House of Representatives, on the petition of sundry citizens of

Barnwell district, praying that compensation be allowed to Dr. J. E. Bignon

for assisting in the detection of arsenic hi a case of alleged murder:

On the Report of the same Committee, on the account of Dr. T. J. Flinrt,

for services rendered a State Prisoner; and

On the Report of the same Committee, on the account of Dr. W. M. Lee,

for services rendered to a State prisoner. The Reports of the Committee

of the House of Representatives were concurred in, and were ordered to be

returned to that house.

Mr. BUFORD presented the unfavorable Reports of the Committee on

the Lunatic Asylum and Medical accounts, on the petitions of Drs. D. W,

Ray, Samuel Langley, James O. Hagood, S. W. S. Johnson, Peter Porcher

and J. E. Bignon, praying payment for post mortem examinations: also,

The unfavorable Report of the same Committee, on the Report of the Medi

cal Committee of the House of Representatives, on the several accounts of

Dr. J. H. Boatwright, for professional services rendered State prisoners ;

and the Reports were agreed to.

Mr. BUFORD presented the favorable Report of the Committee on the

Lunatic Asylum and Medical accounts, on the Report of the Committee on

the Lunatic Asylum of the House of Representatives, on the Report of the

Regency of the Lunatic Asylum; and the Report of the Committee of the

House of Representatives was concurred in, and was ordered to be returned

to that house.

The Senate proceeded to the general orders of the day.

The following papers were concurred in, and were ordered to be returned

to the House Representatives;


on the account of Symmes and Bridwell, for printing in the Pendleton Mes

senger;

The Report of the same Committee, on the account of DuBose & Johnston-

for printing Ruffin's Report :

A Resolution directing Commissionersof Fiee Schools to report vacancies

in their respective Boards; and

The Report of the Committee on Accounts, on the 'Resolution of -6ih

December, in relation to a reduction in the "Fee Bill."

Mr. BOOZER presented the Report of the Committee on Agriculture

and Internal Improvements, on the Report of the Committee on Internal Im

provements of the House of Representatives, on the petition of Lewis Pou,

spraying the Legislature to confirm his title to a certain tract of land; and on


The Report of the same Committee, on the Report of the Committee on

Internal Improvements of the House of Representatives, on the petition of G.

B. Greer, praying compensation for work upon the State Road, over Saluda

Mountain. The Report of the Committee on Internal Improvements of the

House of Representatives was concurred in, and returned to the House of

Representatives.

The following Reports were ordered to lie on the table :

The Report of the Committee on Finance and Banks, on the Resolution of

the House of Representatives, in relation to the Comptroller General's in

vestigating Bills of credit:

The Report of the same Committee, on the Report of the Committee of

Ways and Means of the House of Representatives, on so much of the Comp

troller General's Report as relates to Lotteries ;

The Report of the Committee on the Judiciary, on the Report of the Com

mittee on the Judiciary of the House of Representatives, on so much of the

Governor s Message as relates to the offices of Secretary of State and Surveyor

General:


on the Report of the Committee on Internal Improvements of the House of

Representatives, on the petition of J. A. Leland for services rendered the

State;

The Report of the Committee on Finance and Banks, on the Report of

the Committee of Ways and Means of the House of Representatives, on a

Bill to regulate the auditing of Contingent accounts against the State; and

The Report of the Committee on Claims ;iml Grievances, on the petition of

sundry citizens of York District, praying that the Act of 1817 be amended,

so as to permit the Thomsonian practitioners of medicine to recover for their

services.

The following Report was agreed to:

The Report of the Committee on Claims and Grievances, on the petition of

Frederick Johnston, praying compensation for damages occasioned by a road

opened through his plantation.

The Report of the Committee on Claims and Grievances, on the Report of

the Committee on Claims of the House of Representatives, on the account of

John A. Stuart for printing, was before the Senate for consideration.

A message was sent to the House of Representatives, asking leave to

amend the report, "by striking out the words three hundred and fifty-four

dollars, for the purpose of inserting three hundred and twenty-nine dollars ;"

and also, asking the House to return to the Senate, the report of the Commit

tee on Claims and Grievances of the Senate, on the account of A. S. Wil-

lington, & Co.

The House of Representatives returned the following message.


Mr. President and Gentlemen of the Senate:

The House refuses leave to the Senate, to amend the report of the Com-

mittee on Claims of this House, on the account of John A. Stuart, for public

printing in the Charleston Mercury, ,lby striking oui the words three

hundred and fifty-four dollars, for the purpose of inserting three hundred and

twenty-nine dollars." This House informs the Senate, that the report of the

Committee on Claims of the Senate, on the account of A. S. Willington &.

Co. is not in the possession of this House.

Bv older of the House:

W. F. COLCOCK, Speaker*


The report and the message were ordered to lie on the table.

The following Resolution was concurred in, and was ordered to be returned

to the House of Representatives:

Resolved, That A. Fitch be appointed a Magistrate 'or Richland District.

The following Resolutions were concurred in, and were ordered to be re

turned to the House of Representatives:

A Resolution to appoint James Tupper a Magistrate for Barnwell; and

A Resolution instructing Commissioners appointed to represent the State

in the South-Carolina Rail Road Company.

The House of Representatives returned to the Senate the following pa

pers, in which it had concurred:

The Report of the Committee on the Military and Pensions,on the petition

of Esther Wallac. , praying to be allowed arrearages of pension due her de

ceased husband, and to be placed on the pension roll:

The Report of the same Committee, on the petition of John Hudgeons, ad

ministrator of Ambrose Hudgeons, praying arrearages of pension:

The Report of the Committee on Claims and Grievances, on the account of

James Peckham, for work done in the Surveyor General's Office:

The Report of the same Committee, on the account of P. M. Johnson, for

binding books for the Legislature:

The Report of tho same Committee, on the account of B. F. Smith, for oil

furnished the Citadel in Charleston:

The Report of the same Committee, on the account of A. H. Pemberton,

for printing and advertising:

Trie Report of the Committee on the Judiciary, on the report of the Attor

ney General and the several Solicitors, on "District officers and their offices:"

A Resolution providing that the Superintendent of Public Works do report

the tolls received at Vance's ferry ; and

A Resolution providing for the examination of Little Pee Dee river, by the

Superintendent of Public Works.

The Senate reconsidered the report of the Committee on Internal Improve

ments of the House of Representative?, on the petition of J. A. Leland, Su

perintendent of Public Works, praying compensation for services rendered

to the State. Mr." BOOZER moved that the report do lie on the table;

which question was ordered to be taken by yeas and nays, and they are as

follows:



Messrs. Appleby, Messrs. David, Messrs. Mellard,

Arnold, Eaves, Moses,

Boozer, Evins, Neel,

Boyce, Felder, Pickens,

Buford, Hanna, C. R. Thomson,

Cain, Hcnagan, Walker and

Dargan, , Johnson, Witherspoon.

22.


Messrs. Allston, Messrs. Gourdin, Messrs. Rhame,

Blake, McWillie, Rivers,

Buchanan, Murray, Ward and

DeTreville, Perry, Young.—12.


The Report was therefore ordered to lie on the table.

On motion of Mr. MOSES, the Senate took a recess until half past G

o'clock, p. M.

RECESS.

At the hour of half past six o'clock, the President took the chair, and the

Senate proceeded to business.


Claims and Grievances, on the following Reports:

The Report of the Committee on Claims of the House of Representatives,,

on the account of G. W. Hopkins, for printing:

On the Report of the same Committee, on the petition of Samuel Jordan,

for compensation for a slave executed:

On the Report of the same Committee, on the account of Thomas Pye, for

attendance on the Legislature as a witness:

On the Report of the same Committee, on the petition of Simon Verdier, J.

N. Walker, G. M. Rivers, E. E. Bellinger, Robert Blake, Thomas G.

Broxon and J. W. Burbridge, for attending on the Legislature as witnesses,

in the contested election from St. Bartholomew's:

On the Report of the same Committee, on the account of Charles Wilcox,

for dieting prisoners:

On the Report of the same Committee, on the account of John W. Sum

ner, trustee, praying compensation for a slave executed:

On the Report of the same Committee, on the petition of George []. Pooser,

late sheriff of Orangeburg:

On the Report of the same Committee, on the account of the Richland Ar

tillery Company of Pickens district:

On the Report of the same Committee, on the account of J. N. Cardozo,

& Co. for public printing:

On the Report of the same Committee, on the account of A. H. Pemberton,

for printing:

On the Report of the same Committee, on the petition of Samuel Sumner,

administrator of Mills Sumner, for payment for services by his intestate:

On the Report of the same Committee, on the petition of Jacob Stephens,

for compensation for services rendered in the contested election for St. Bar

tholomew's:

On the Report of the same Committee, on the petition of C. B. Farmer, for

compensation for attending as a witness in the St. Bartholomew's election:

On the Report of the same Committee, on the account of Samuel Isaacs, for

attending as a witness in the St. Luke's election:

On the Report of the same Committee, on the petition of James H. Buchner,

for compensation for services rendered in the contested election for St. Luke's

parish, in the House of Representatives:

On the Report of the same Committee, on the account of Kinloch, Phillips,

& Co. for corn and hay furnished for the Citadel and Magazine Guard in

Charleston-

On the Report of the same Committee, on the petition of Oswald Reeder,

for compensation for a slave executed:

On the Report of the same Committee, on the Account of T. W. Pegiu's,

for public printing :

On the Report of the same Committee, on the Account of A. S. Johnston,

for books furnished the State :

SENATE, WEDNESDAY, DECEMBER 18, 1844. H9

On the Report of the same Committee, on the Account of O [I. Wolls,

for printing :

On tlia Hoport of the same Committee, on the Petition of A. Campbell,

praying compensation us a witness in the contested election of St. Barthol

omew's :

On the Report of the same Committee, on the Account of Joseph B iskins,

late Sheriff of Kershaw District, for blankets furnished the jail in said District:

On tli;; Report of the same Committee, on the Account of 15. G iss, late

Sheriff of Kershaw District, for blankets furnished to the jail in said District :

On the Report of the same Committee, on the Account of I. C. Morgan, for

printing :

On the Report of the same Committee, on the Account of Wm. F. Durisoe,

lor public printing :

On the Report of the same Committee, on the Account of John Stubs, for

printing :

On the Report of the same Committee, on the Account of T. W. Glover,

Clerk of the 11 >usj of Representatives, for paper and statio iery :

On the Report ol the same Committee, on the Petition of the Secretary of

State, praying payment of an Account against the State :

On the Report of the same Committee, on the Account of L. B. Clarke,

praying compensation for dieting a prisoner and his guard ; and they were

all severally concurred in, and were returned to the House of Representatives.


Mr. DeTREVILLE presented the Report of the Committee on Claims

and Grievances, on the Account of B. Hart, for incidental expenses to the

State House ; which was agreed to, and was ordered to be sent to the House

of Representatives for concurrence. The House of Representatives re.

turned the .âme to the Senate, with its concurrence.

The Co nrnittee on Agriculture and Internal Improvements was discharged

from the further consi leration of the Presentment of the Grand Jury of

Lexington District ; and from

The Memorial of the State Agricultural Society, asking an appropriation

to effect cert tin objects therein set forth.

The Committee on Claims and Grievances was discharged from the fur-

ther consideration of the Acc uut of the Winyaw Observer newspaper ; and

from the further consideration of the Account of Dr. Wm. M. Lee, for medi

cal services rendered to a prisoner.

The House of Representatives returned to the Senate the Report of the

Joint Committee on Accounts, on the contingent accounts against the lower

division of the Treasury, in which it had concurred.

The Senate granted leave to Mr. WITHERSPOON to withdraw the

Account of C. O. Daniel, praying to be refunded a certain amount of money

paid into the Treasury.

The following Resolution, offered by Mr. MOSES, was agreed to, and

was ordered to bo sent to the House of Representatives for concurrence:

Resolved, That the printer of the Acts be directed to publish with the Acts

and Resolutions, the Reports of 'he Examining Committees on the Bank of

the State and its branches, made at the last Session; and also the Accounts

of the College Treasurer.

Mr McWILLlE submitted the Report of the Committee on Privileges

and Elections, on the Memorial of sundry citizens of St. Luke's Parish, con


testing the seat of the sitting member from that Parish. The Committee

recommend the adoption of the following Resolutions :

Resolved, That the vote for Dr. F. Fickling, given at the Hilton Head

poll, be allowed to the sitting member.

Resolved, That the vote for F. Fickling, at the Hilton Head poll, be al

lowed to the sitting member.

Resolved, That the ballot in the Senatorial box, at the Grahamvilie Poll,

over and above the number of votes registered, and also the two ballots in

the Senatorial box at the May River, over and above the number of votes

registered, be deducted from the sitting member, who had in the aggregate

the greatest number of votes.

R esolved, That the vote of George P. Elliott, was a bad vote.

Resolved, That the vote of Dr. P. Pritchard, was a good vote.

Resolved, That the vote of John Molpruss, was a bad vote.

Resolved, That the vote of David Page, was a bad vote.

Resolved, That the vote of Wm. Craig, was a good vote.

Resolved, That whereas the sitting member was elected by a majority of

but two votes, and whereas six illegal votes have been proved ; that the seat

of the sitting member from St. Luke's Parish be declared vacated ; and that

a writ of Election do issue to fill such vacancy, to be holden on the third

Monday and day following in January next.

The Report and Resolutions were agreed to by the Senate.

The Report of the Committee on Agriculture of the House of Representa

tives, on sundry Petitions of several Agricultural Societies in this State, pray

ing a continuance of the Geological Survey, was ordered to lie on the table.

The following Resolution, offered by Mr. BOYCE, was agreed to, and was

ordered to be sent to the House of Representatives for concurrence:

Resolved, That Gen. John Buchanan, of Fairfield District, Jas. E.

Calhoun, Esq., of Abbeville District, John M. DeSaussure, of Kershaw

District, Col. F. H. Elmore, of Charleston, and Gen. William Hopkins,

of Richland District, be appointed Commissioners to represent the Stock of

the State in the South-Carolina Rail Road Company and the South Western

Rail Road Bank.

Th6 following Message was received from the House of Representatives,

and was ordered to lie on the table :


Mr. President and Gentlemen of the Senate ;

The House proposes to Senate to go into an election for five proxies , to

represent the State in the South-Carolina Rail Road Company, this day at

half-past 7 o'clock, P. M.



Mr. BOYCE, from the Committee to nominate five proxies, to represent

the interests of the State in the meetings of the Rail Road Company, submit,

ted a report, recommending the following persons, to wit :

GEN. JOHN BUCHANAN,

JAMES E. CALHOUN,

JOHN M. DeSAUSSURE,

COL. F. H. ELMORE,

GEN. WM. HOPKINS.


SENATE, WEDNESDAY, DECEMBER 18, 1S44. 121

GENERAL ORDERS OF THE DAY.i

A Resolution directing the Superintendent not to sell certain iands until

December next, was ordered to lie on the labV- ; and Mr. EIUEY offered the

following Resolution, which was agreed to, and was ordered to be sent to the

House of Representatives for concurrence :

Resolved, That the Superintendent of Public Works and the Treasurer of

the Upper Division, be and they arc hereby instructed not to institute suits on

any bonds held by them for any public lands sold.bv the late Superintendent

of Public Works, before the first day of December next; and the Superin

tendent of Public Works is hereby restrained from surveying or selling any

land held by individuals under grants from the State, until the said first day

of December next, provided that all the sureties to the said bonds signify in

writing to the said Treasurer their assent by the first day of March next.

The House of Representatives returned to the Senate the Resolution, in

which it had concurred.

Mr. YOUNG, from the Committee on [corporations and Engrossed Acts,

reported that the Acts which had passed at the present Session of the Gene

ral Assembly had been engrossed, and were ready for ratification. The

Report was ordered to lie on the table. A. Message was thereupon sent to

the House of Repivsentaives, informing that House that the Senate would be

ready at 9 o'clock, P. M., to ratify the Acts passed by the General Assembly.

The Report of the Special Committee to which was referred the Report

of the President of the Bank of the S'.ate, in answer to a call for information

as to debts due by Incorporated and Manufacturing Companies, was agreed

to, and was ordered to be sent to the House of Representatives for concur

rence.




This House informs Senate that it has appointed Messrs. Hunt, Mid-

uleton and Northrop, a Commission on the part of this House, to superin

tend the Repairs of the State House and Lot now in progress, or which

may hereafter be authorized by the Legislature or either House, and ask

Senate to appoint a similar Commission to meet the Commission of this

House on that subject.


WM. F. COLCOCK, Speaktr.

The Senate concurred, and returned a Message, informing the House that

Messrs. Gregg, Buchanan and Boozer, had been appointed the Committee

on the part of the Senate.

The House of Representatives sent to the Senate for concurrence, the Re

port of the Committee on Vacant Offices, appointing Magistrates, Commis

sioners of Public Buildings, and other District Officers.


amend the Report as follows: " By striking out the name of R. B. Bouk-

night for Magistrate of Edgefield District, for the purpose of inserting the

name of Levi R. Wilson:"

And further to amend the same by inserting the following names as Com

missioners of Roads for Lexington District, viz : "Alexander Geiger, Urban

Jefcoat, Levi Rish, Wm. Butler, Vastine Austin, H. J. Drafts, J. N. Boozer,


George Wingard, Joseph Hook, John H. Fulton, Emanuel Quattiebum. John

K. Sant, Jacob Loriek, J. VV. Geiger, and Nathaniel Jones." The House

of Representatives returned a Message granting leave, and the Report was

amended accordingly, and was concurred in, and ordered to be returned to


The House of Representatives sent to the Senate the Report of the Coin-

mittec on Privileges an I Elections, upon sundry Petitions and Resolutions re

ferred to said Committee; which was concurred in, and was ordered to be re





This House asks leave of Senate to amend the Report of the Committee on

Claims of Senate, on the Account of James H. Buckner, by striking out the

words " sixty-three dollars and 10 cents," for the purpose of inserting " fifty

dollars."



The Senate concurred, and sent a Me>sage accordingly.

The House of Representatives returned to the Senate the abovementioned

Reports, which it had amended by leave of the Senate, and in which it had

concurred.

The House of Representatives returned to the Senate the Report of the

Special Commitee o the Report of the President of the Bank of the State, in

answer to a Resolution calling for information of debts due by incorporated

and manufacturing companies, in which it had concurred.





the Judiciary, on the Report of the Attorney General, on the publication of

the Bank Case, by striking out the words "five hundred dollars," for the

purpose of inserting "fifteen hundred dollars."


W.F. COLCOCK, Speaker.

The Senate returned a Message refusing leave to the House of Represen

tatives to amend the Report. The House of Representatives returned t'.ie

following Message :



This House insists on asking leave of Senate to amend the Report of

the Committee on the Judiciary, on the Report of the Attorney General on

the publication of the Bank Case, by striking out the words " five hundred,"

for the purpose of inserting " fifteen hundred," and have appointed Messrs.

Hunt, Memminger, and Middleton a Committee of free conference on the

part of the House, and ask Senate to appoint a similar Committee to meet the

Committee of the House on that subject.




The Senate returned a Message insisting on refusing leave to amend, and

assenting to the appointment of a. Committee of Conference, and informing the

House that Messrs. Mokes, Allston, and Perry were appointed u Committee

of free conference on the part of the Senate.

Mr. MOSE-?, from the Committee, submitted a Report, recommending to

'.he Senate to grant leave to the House to amend the Report, as requested.





.he Judiciary of Senate, on the Report of the Attorney General on the pub

lication of the Bank Case, by striking out the word " five," for the purpose of

inserting "fifteen," as recommended by the Committee of free conference.

By order ofthe House :


The Senate returned a Message granting leave to amend the Report, and

the House of Representatives returned the Report amended accordingly, in

which it had concurred.

The House of Representatives returned to the Senate Resolutions in rela

tion to Federal policy, in which it had concurred.

Mr. DARGAN presented the Report of the Committee on Federal Rela

tions, on the Report of the Committee on Federal Relations of the House of

Representatives, on the Protest and Declaration of the State of Rhode Island

and Providence Plantations, recommending concurrence therein. The Re

port of the Committee of the LIousi: was concurred in, and was ordered to


The House of Representatives sent to the Senate the Report of the Joint

Committee on the repairs of the Capitol for concurrence.


amend the Report by striking out the following words from the Resolutions

recommended by the same:

" That they cause all the buildings on the Northern part of the State House

Square, to be sold, on or after the first Monday in July next, and removed from

the lot, and place the proceeds, after enclosing the lot, in the Treasury; and

all persons in the occupation of these buildings, shall vacate the same : Pro.

vided, that the Committee, if they find the said buik inus worth moving, bo au-

thorized, instead of selling the same, to cause all or any of the said buildings

to be removed to the lots belonging to the State, on the opposite side of the

street."

And also to strike out the words :

" That His Excellency the Governor bo requested to advertise for and

appoint suitable persons to act as keeper of the State House and keeper of

the Grounds respectively, and to apportion between the two officers the sum

now allowed by the Legislature to a State House keeper."

And also the following words :

" That the keeper of the State House Grounds shall go on to plant the

some, grade the Grounds, and lay out paths under the direction of the Joint

Committee, and shall, for any neglect or rmVconduct, be liable to be removed

by the Governor, on complaint of said Committee."

And also the following words :


"That his Excellency the Governor be requested to cause all the unsold

and unappropriated lots in the town of Columbia, to be sold, for part cash and

part credit, at his discretion, and place the proceeds in the Treasury, to the

credit of the fund for Public Buildings."

The House of Representatives returned a Message, granting leave to the

Senate to amend the Report in the foregoing particulars. The Report was

amended accordingly, and was concurred in and returned to the House of Re

presentatives.

At the hour of 8 o'clock, the Speaker and Members of the House of Repre

sentatives, with the Officers of the House, attended in the Senate Chamber,

and the two Houses of the Legislature proceeded to ratify the following Acts :

1. An Act to amend an Act entitled an Act to incorporate a Provident In

stitution for Savings in the City of Charleston.

2. An Act to permit James Jones to bring back into the State a certain

Slave.

3. An Act to increase the compensation of Grand and Petit Jurors.

4. An Act to alter the time of holding the terms of the City Court of

Charleston, and for other purposes.

5 An Act to raise supplies for the year commencing in October, Anno

Domini one thousand eight hundred and forty-four.

6. An Act to exempt the Pilots of the Bar and Harbor of Charleston

from Jury duty.

7. An Act to amend an Act concerning the Public Works, passed eight

eenth day of December, Anno Domini eighteen hundred and twenty-nine.

8. An Act to authorize the South-Carolina Rail Road Company to aid in

constructing a Branch of the Rail Road to the town of Camden.

9. An Act to vest the right and title of the S.ate in and to a certain house

and lot in the village of Darlington, in James Bell.

10. An Act for the more effectual punishment of the official misconduct

of Sheriffs.

11. An Act to declare the meaning of an Act prescribing the mode of

electing Clerks, Sheriffs and Ordinaries, passed on the twenty-first day of De

cember, Anno Domini eighteen hundred and twenty-nine.

12. An Act to provide for the punishment of persons disturbing the peace

of this State in relation to Slaves and Free persons of color.

13. An Act to raise an Independent Battalion of Militia, and for other pur

poses.

14. An Act to incorporate the Presbyterian Church in Abbeville District

heretofore known as the Rocky Creek Church.

15. An Act to incorporate certain Societies and Companies, and to renew

and amend certain Charters heretofore granted.

16. An Act to amend the Attachment Laws ot this State.

17. An Act to establish certain Roads, Bridges and Ferries.

18. An Act to amend an Act entitled an Act to revive and amend an Act

entitled an Act to incorporate the Union Insurance and Trust Company.

19. An Act to amend an Act entitled an Act to amend the laws in rela

tion to Slaves and Free persons of color.

20. An Act to grant a Pension to Elizabeth Brown.

21. An Act to make further provision for the security of Public Moneys un

der the control of the different Boards of Commissioners in this State.

22. An Act to confer additional powers on the Intendanl and Town Coun-

cil of the village of Lancaster.


23. An Act to amend an Act entitled an Act more effectually to prevent

tree negroes and other persons of color from entering into this State, and for

other purposes, passed the nineteenth day of December, A. D. 1835.

24. An Act to require the Ordinary of Kershaw to transler to the Ordinary

of Sumter District, all the records in his office pertaining to the latter District

prior to the establishment of a Court of Ordinary therefor.

.25. An Act to postpone one week the sittings of the several Courts of

Equity in the fourth Equity Circuit, and to change the sittings of certain

Courts of Equily in the sixth Equity Circuit.

26. An Act to make appropriations for the year commencing in October,

Anno Domini eighteen hundred and forty-four.

When the ratification of the Acts had been concluded, the Members of the

House of Representatives re'.ired from the Senate Chamber.

A Message was sent to the House of Representatives, informing that House

that the Senate had disposed of tiie business of the General Assembly, and

was ready to adjourn the present session sine, die.

A Message was received from the Ho. se of Representatives, informing the

Senate that the House had disposed of the business before it, and was ready

to adjourn the session of the General Assembly.

On motion of Mr. BOOZER,

The Senate adjourned sine die.

ERRATA.

!Page 5, 5th paragraph, Cor "H.H.Johnson," read "if. H. Thomson."

" 81, 8th " for Clerk of the Court of Appeals at " Charleston:

read " Columbia.''

" 81,2nd " for " unfavorable" Report of the Committee on the

Judiciary, read "Favorable" Report &c. &c.

" 83, 8th " Before the words, " The Report of the Attorney

General and Solicitors, on District Offices and Offi

cers," the words "The Report of the Committee on

the Judiciary on the," should be inserted.

INDEX

TO THE JOURNAL OF THE SENATE.

Space.

Assembly, General, of South-Carolina, held in the Capitol, 3

Resolution for adjournment of, 51

Appleby, Hon. M. J., qualified as Senator from St. George's, Dor*

Chester, 7

Added to the Committee on Claims and Grievances, 21

Agricultural Society, State? petition for continuance of the Geologi

cal Survey, 7

Agricultural Society, Wateroe ; petition to the same effect, '" h

Agricultural Society of South-Carolina, petition to the same effect, '23

Agricultural Society of St. Andrew's, petition to the same effect, "24

Agricultural Society of St. John's, Colleton, petition to the same 'ef

fect, 49

Report of the Committee on Agriculture ani Internal Im.

provements on : and on the Report of the Committee on

Agriculture of the House of Representatives on the same

subject; ordered to lie on the table, 109

Adams, James, petition to be refunded money paid for land sold by

the State, " 8

Unfavorable Report of the Committee on Claims and Grievan

ces on, agreed to, 100

Arnold, Hon. A. B., qualified as Senator from Abbeville, . 1 21

Ashley river, Joint Memorial of the citizens of Charleston and the

City Council of Charleston, for leave to establish a bridge over, 21

Counter Memorial of People of St. Andrew^ Parish, 37

Counter Memorial of Charleston Bridge Company, 49

Artillery, Washington, praying incorporation, 24

torney General, office reported vacant, 30

H. Bailey elected, 62

His Report on the Bank Case, 43

Report of the Committee on, agreed to, and sent to the House

of Representatives, 83

Amended by House of Representatives by leave of Senate, and

concurred in, and returned, 123

Report on District Offices, 43

See « Solicitors."

Agricultural Resources of the State, petition of the Rev. W. B. Vil.

lard, for development of, 37

Aiken, Hon. Wm., permitted to record the vote be would have given

.if he had been present, on certain Resolutions, 40

Elected Governor of South-Caroliaat 58

12

Kt

128 index to the senate joumku

Inauguration of, 69

All Saints School Society, petition for incorporation, 42

Agricultural Society of South-Carolina, petition for aid for certain ob-

. jecls, 31

Committee on Agriculture and Internal Improvements dis<

charged, 119

Abbeville, citizens of, petition for a road to Hamburg, 49*

Unfavorable Report of the Committee on Roads and Buildings/

ordered to he on the table, and petition withdrawn/ 93

Ancrumv VV. VV., elected Superintendent of Public Works* 5&

Alexander, Charles-, Account for leaching charity scholars, 82

Unfavorable Report of the Committee on the College/ Educa-

tion and Religion on, ordered to lie en the table, and Acconnt

withdrawn/ 95"

B.

Buchanan, Hon* John, qualified as Senator from Fairfield, 9

Boozer, Hon. Lemuel, qualified as Senator from Lexington* 3

Blake, Hon. John, qualified as Senator from St. James, Santee, 3

Boyce, Hon. Ker, qualified as Senator from St. Philip's and St. M'u

chael's, 3

Belin, Cleland, Petition for incorporation of Black Mingo Cliwrch, 6

Baptist Association ofjDharkestun, Petition for incorporation/ 6"

Barnwell, citizens of, Petition for compensation to l)r. J. E. Bignon/

for assisting in detecting arsenic in a case of alleged murder, 7

Report ofthe Committee on the Lunatic Asylum and Medical

Accounts' on, ordered to lie on the table, 93

Called up, agreed tof and sent to the House of Representatives, 9&

Beaufort Perry, Petition of VV. A. MnrcocW for charter of/ 7

Beaufort Perry, Petition of John M, Zealey (or recharter of, 23

Unfavorable Report of the Committee on Roads and Buildings

on, amended so as to recommend that the prayer of Zoaley

be gran-ted/ and the Report agreed to, 7f

Baker, Joel, and others, Petition for retr.corpoiation of a Church/ 2 J

Beaufort College Petition of Citizens of St. Helena as to. 21

Report of the Committee on Incorporations and Engrossed

Acts on, ordered to lie oil the table/ 63

Bethel Academy, Petition fi/r reclraPter, 81

Barnwell, R. G., his- Account as Magistrate, 22

Barnwell, Petition of citizens of, for a new Coarf House and Jail/- 22


on, agreed to, 7U

See Report of the Committee on Public Buildings of the House

of Representatives on, 951

Barnwfcfl, Petition of citizens of/ that Commissioners in Eqwity may

be elected by the People, 2*

Unfavorable Report of the Committee on the Ju'cftciaryy

agreed to'/ 39

Bell, James, Petition for confirmation of title «o a lteuse andHot,. 28"

See Bill on this subject,

ufbrt District, sundry citizei s of, Petition ;. See R. Y. Carey,- 28;

INDEX TO THE SENATE JOURNAL. 129

PAGE.

Report jbf the Committee on Claims and Grievances on,

agreed to, and sent to the House of Representatives, 65

bookman, Jacob, and others. Petition to be refunded certain moneys, 29

Unfavorable Report of the Committee on Claims and G;iev-

ances on, agreed to, 64

Black Oak Agricultural Society, Petition for continuance of the Agri.

cultural Survey, 29

Brown, Elizabeth, daughter of Jasper, Petition for a Pension, 31

Report of the Committee on Military and Pensions on, agreed

to, and sent to the House of Representatives for concur

rence, 04

See Bill.

Returned with concurrence, 114

Butler, Thos. P., elected Commissioner in Equity for Greenville Dis.

trict, 30

Beaty, James, elected Commissioner in Equity for Horry District,

Brigade Encampment, Petition of certain citizens and officers of 21st

Regiment against, 39

Unfavorable Report of the Gommittee on the Military and

Pensions on, agreed to, 81, 92, 83

Barnwell, citizens of, Petition for giving the election of Commission-

ers in Equity to the People, 24

Unfavorable Report of the Committee on the Judiciary on,

agreed to, 39

Boe, Barnard E., Petition to be relieved from a Bail bond iri a suit

against him on account of the Ludlam School Fund, 44

Report of the Committee on the College,. Education and Reli

gion on, agreed to, and sent to the House of Representatives, 109

Report of the Committee on Education of,the House of Repre

sentatives concurred in and returned, 1 1 3

Burt, Francis, elected Treasurer of the Upper Division, 52

Bennettsville Academical Society, Petition for incorporation, 59

Bermettsvillc South-Carolina Manufacturing Company, Petition for in.

corporation, 63

Unfavorable Report of the Committee on Incorporations and

Engrossed Acts on, agreed to, 1O0

Bailey, H., elected Attorney General, 02

Beaufort CoHege, Resolution requiring a Report from Trustees of, 39, 69

Beat Company Drills—See Report of the Committee on Military and

Pensions, 8-3

ftuckner, J. H., Account for summoning witnesses and carrying com

missions in the contested election for Senator of Si. Luke's, 84

Report of the Committee on Claims and Grievances on, agreed

to, and sent to the House of Representatives, 101

BANKS*

BANK OF THE StATE OP SOUTH-CAROLINA AND BKAl'TCHES.

Reports iy the President.

Annual Report, submitted and re furred, 35

Prtvate Report, as to indebtedness of Officers and Directors, $4

130 INDEX TO THE SENATE JOURNAL.

PAGE.

BANKS.

BANK OF THE STATE OF SOUTH-CAROLINA AND BRANCHES.

Reports by the President*

Special Report, in reply to a Resolution of the Senate, calling for in

formation as to debts due by Incorporated and Manufacturing

Companies, . 6?

Referred to a Special Committee, 88

Report on, agreed to, and sent to the House of Representatives, 121

Returned by the House of Representatives with concurrence, 122

INVESTIGATING COMMITTEES OF THE LEGISLATURE, Pages 51, 55

COMMITTEES TO NOMINATE PRESIDENT AND DIRECTORS.

Report, 65

Election, 99

RESOLUTIONS IN RELATION TO THE BANK,

Calling for information of debts due to the Bank by certain companies, 27

Agreed to, 32

Report, 67, 88, 123

RECUSANT BANKS.

Report of the Attorney General, in relation to suits against them, 43

Report of the Committee on the Judiciary on, agreed to, and

sent to the House of Representatives for concurrence, 83

Amended by the House of Representatives by leave of Senate,

and concurred in, and returned by that House, 123

BILLS ORIGINATING IN THE SENATE,

WHICH WERE PASSED BY THE LEGISLATURE.

A Bill to vest the right and title of the State in and to a certain house

and lot in the village of Darlington, in James Bell ; Reported by the

Committee on the Judiciary, to which was ceferred the Petition of

James Bell ; received the first reading ; ordered to be printed, and

for a second reading to-morrow, 36

Received the second reading, and sent to the House of Repre

sentatives, 42

Received the third reading, and sent to the House of Repre-

sentatives, 101

Referred to the Committee on Incorporations and Engrossed

Acts, HO

Ratified, 124

A Bill to declare the meaning of an Act prescribing the mode of elect

ing Clerks, Sheriffs, and Ordinaries ; passed on the 21st day of

December, 1839 ; reported by the Committee on the Judiciary, to


PAGE.



which had been referred the Presentment ofthe Grand Jury of An-

derson, Fall Term 1844; received the first reading, and ordered for

a second reading to-morrow, 52

Received the second reading, and sent to the House of Re

presentatives, 63

Received the third reading and sent to the House of Repre

sentatives, 10 L


Acts, 110

Ratified, 124

A Bill to require the Ordinary for Kershaw to transfer to the Ordina-

ry for Sumter District, all the records in his office pertaining to the

latter District prior to the establishment of a "Court of Ordinary

therefor ; introduced by Mr. Moses ; received the first reading,

and referred to the Committee on the Judiciary, 56


presentatives, 76

Received the third reading, and sent to the House of Represen-

tatives, " 109


Acts, 110

Ratified, 125

A Bill to authorize the resumption on the part of the State of her ori

ginal subscription to the Rail-Road Company, for the purpose of

constructing a Branch to Camden ; reconsidered", on motion of Mr.

Witherspoon, and ordered for a second reading, and amendment of-

ferei.byMr. McWillie, " 84

On the second reading, amendment offered and agreed to, and

title of the bill changed so as to read,

A Bill to authorize the South-Carolina Rail-Road Company to aid in

constructing a Branch of their road to the town of Camden: the

Bill received the second reading, was agreed to by yeas and nays,

and sent to the House of Representatives, 89, 90, 91

Received the third reading, and sent to the House of Repre

sentatives, 101

Referred to the Committee on incorporations and Engsossed

Acts, 110

Ratified, 124

BILLS ORIGINATING IN THE HOUSE OF REPRESENTATIVES,


A Bill to amend an Act, entitled an Act more effectually to prevent

free negroes and other persons of color, from entering into this

State, and for other purposes ; passed the 19th day of December,

Anno Domini 1835 ; reported by the Committee on Federal Rela

tions; received the first reading, and ordered for a second reading

to-morrow,, and to be printed, 62


PAGE.

HILLS ORIGINATING IN THE HOUSE OF REPRESENTATIVES,


Called up, received the second reading, and sent to the House


Received the third leading, and sent to the House of Repre

sentatives, 109


Acts, 110

Ratified, 125

A Bill to postpone one. week the sittings of the several Courts of Equi.

ty in the Fourth Equity Circuit, and to change the sittings of certain

Courts of Equity in the Sixth Equity Circuit; introduced by Mr.

Gregg ; received the first reading, and referred to the Committee

on the Judiciary, 55


sentatives, 77


sentatives, 106


Acts, 110

Ratified, 125

A Bill for the more effectual punishment of the official misconduct of

Sheriffs ; introduced by Mr. DeTreville ; received the first reading,

and referred lo the Committee on the Judiciary, 79


sentatives, 89

Received the third reading, and sent to the House of Represen

tatives, 101


Acts, ' 110

Ratified, 124

A Bill to confer additional power on the Intendant and Town Council

of the village of Lancaster ; reported by the Committee on the Ju

diciary ; received the first reading, and ordered for a second read-

ing to-morrow, 82


sentatives, 89

Received the third reading, and returned to the House of Re-

presentatives, 109


Acts, 110

Ratified, 125

A Bill to amend an Act concerning the Public Works, passed on the

18th day of December, one thousand eight hundred and twenty-

nine ; received the first reading, and referred to the Committee on

Agriculture and Internal Improvements, 34

Received the second reading, and returned to the House of Re-

presentatives, 55

Received the third reading, title changed, and returned to the

House of Representatives, 61


PAGE.


WHICH WKRE PASSED AY THE LEGISLATURE.

Ratified, 124

A Bill to exempt the Pilots of the Bar and Harbor of Charleston from

jury duty; received the first reading and referred to the Commit

tee on the Judiciary, 41

Received the second reading, and returned to the House of

Representatives, 67

Raceived the third reading, and returned to the House of Re-

preservatives, 74

Ratified, 124

A Bill to amend an Act, entitled an Act to incorporate a Provident In

stitution for Savings in the City of Charleston; received the first

reading, and referred to the Committee on Incorporations and En

grossed Acts, 48


Representatives, 71

Received the third reading, and returned to the House of Re

presentatives, 92

Ratified, 124

A Bill to amend an Act, entitled an Act to revive and amend an Act,

entitled an Act to incorporate the Union Insurance and Trust Com

pany ; received the first reading, and referred to the Committee on

the Judiciary, . 56


Representatives, 89


presentatives, 109

Ratified, 124

A Bill to aliey the- time of holding the terms of the City Court of

Charleston, and for other purposes : received the first reading, and

referred to the Committee on the Judiciary , 60

Received the seco d reading, and returned to the House of

Representatives, 79

Received the third reading, aed returned to the House of Re

presentatives, 92

Ratified, 124

A Bill to permit James Jones to bring back into the State a certain

slave ; received the first reading, and referred to the Committee on

the Judiciary, , 60

Favorable Report ; Bill received the second reading, and re.

turned to the House of Representatives, 78


presentatives, 92

Ratified. 124

A Bill to amend the Attachment Laws of this State ; received the first

reading, and referred to the Committee on the Judiciary, 64

Ordered to be printed, 70

INDEX TO THE SENATE JOURNAL.

PAGE.




Representatives, 89

Messages as to amendment by the House of Representatives ;

the same agreed to ; Dill received the third reading, and re-


Ratified, 124

A Bill to raise supplies for the year commencing in October, one

thousand eight hundred ar.d forty-four; received the first

reading, and referred to the Committee on Finance and Banks, 69

Received the second reading,and returned to the House of Re

presentatives, 85


presentatives, 94

Ratified, 124

A Bill to grant a Pension to Elizabelh Brown ; re ceived the first

reading, and referred to the Committee on the Military and Pen

sions, 69

Report, favorable ; Bill received the second reading, and re



presentatives. , 110

Ratified, 125

A Bill to increase the compensation of Grand and Petit Jurors ; re-

eeivedthe first reading, and referred to the Committee on the Ju-

diciary, 69

Motion to postpone indefinitely lost by yeas and nays, 86

To amend by striking out 10 cents a m;le, and insert 5 cents,

lost by yeas and nays, 86, 87

To amend in reference to State witnesses, lost by yeas and

nays, 87

Bill agreed to by yeas and nays, and returned to the House of

Representatives, 87, 88


presentatives by yeas and nays, 94

Ratified, 124

A Bill to make appropriations for the year commencing in October,

one thousand eight hundred and forty-four ; received the first read

ing, and referred to the Oommittee on Finance and Banks, 74

Called up; received the second reading, and returned to the

House of Representatives ; notice of amendments to be of-

ferred on the third reading, given by Mr. Perry, Chairman

of the Committee on Finance and Banks, 85

Messages as to various amendments; Committees of Free

Conference ; their Reports ; and Bill received the third

reading, and returned to the House of Reps., 105, 106, 107

Ratified, 125

A Bill to make further provision for the security of public moneys un-


PAGE.



der the control of the different Boards of Commissioners in this

State ; received the first reading, and referred to the Committee

on Finance and Banks, 79

Favorable Report; Bill received the second reading, and re-


Messages, and Committee of Conference as to certain amend

ments ; and Bill received the third reading and returned to

the House of Representatives, 102, 103

Ratified, 125

A. Bill to raise an Independent Battalion of Militia, and for other

purposes ; received the first reading, and referred to the Commit,

tee on the Military and Pensions, 85

Favorable Report; Bill received the second reading, and re,



presentatives, . 105

Ratified, 124

A Bill to incorporate the Presbyterian Church in Abbeville District,

heretofore known as the Rocky Creek Church ; received the first


grossed Acts, 85

Favorable Report; Bill received the second reading, and re



presentatives, 104

Ratified, . 124

A Bill to establish certain Roads, Bridges, and Ferries ; received the

first reading,and referred to the Committee on Roads and Buildings, 85

Amendment made as to Jacksonboro' Ferry; motion to recon

sider lost, 96, 97


Representatives, 97

Amendment of House disagreed to ; Messages; Committees of

Conference and Report ; and Bill received the third read

ing, and returned to the House of Representatives, 103, 104

Ratified, 124

A Bill to amend an Act, entitled an Act to amend the law in relation

to slaves and free persons of color ; received the first reading, and

referred to the Committee on the Judiciary, 85

Favorable Report ; Bill received the second reading, and re



presentatives, 109

Ratified, 125

A Bill to incorporate .certain Societies and Companies, and to renew

and amend certain charters heretofore granted ; received the first


grossed Acts, 85


PAGE.


WHICH WERE PASSED BY THE LEGISLATURE. "™


Representatives, 99

Received the third reading, and returned to the House of Re-

presentatives, 104

Ratified, 124

AlBill to provide for the punishment of persons dis'urbing the peace

of this State, under the color ol authoriiy from oilier States of the

Union, or any foreign power; received the first reading, and re

ferred to tho Committee on the Judiciary, 92

Favorable Report, and Committee recommend the title of the

Bill to be amended so as to read as follows :

A Bill to provide for the punishment of persons disturbing the peace

of this State in relation to slaves and free persons of color ; title

changed accordingly ; Bill received the second reading, and re

turned to the House of Representatives, 98, 99


presentatives, 105

Ratified, . 124


WHICH WERE NOT PASSED BY THE LEGISLATURE.

A Rill to alter and amend the law in relation to the Pleadings and

Practice of Courts of Records ; introduced by Mr. Moses ; read the

first time, and referred to the Committee on the Judiciary, 2(i

And ordered to be printed, 27


sentatives, , 59

A Bill to amend an Act, entitled " An Act to amend the Ad of one

thousand seven hundred and eighty-eight, commonly called the Pri

son Bounds Act, passed the 19th day of December, 1833 ;" intro-

duced by Mr. Moses; received the first reading; referred to the

Committee on the Judiciary, and ordered to be printed, 27


presentatives, 54

A Bill to prescribe the mode of choosing, on the part of this State,

Electors of President and Vice President of the United States, and

to give the election of such Electors to the People ; introduced by

Mr. Perry; received the first reading; ordered to be printed, and

referred to the Committee of the Whole Senate, and made the spe.

cial order for Tuesday next, 27

Made the Special Order for Thursday next, 38

Referred to a Committee of the Whole ; Committee report

progress, and leave given to them to sit again to-morrow at

1 o'clock, ' 46, 47

Made the Special Order of the day for to-morrow at 1 o'.

clock, 53


PAGE.



Made the Special Order of the day for Monday next, at 1 o'-

clock, ' &9

Made the Special Order for to-morrow, at I o'clock, 63

Referred to the Committee of the Whole : Committee report

progress, and leave granted to sit to-morrow at I o'clock, 67

Again the Senate resolved itself into a Committee of the

Whole; Committee recommend that the further considera

tion of the Bill be postponed to the first of January next ;

Mr. Moses moved to amend by recommending the first day

of the next Session of the Legislature. Mr. Allston moved

to amend further by recemmending that the Bill be indefin

itely postponed, and the same was agree to by yeas and nays, 72, 73

A Bill to regulate the auditing of contingent accounts against the

State ; introduced by Mr. H. H. Thomson ; received the first read

ing; ordered to be printed and for a second reading on Monday

next, 30

Referred to the Committee on Accounts and Vacant Offices, 38

Agreed to by yeas and nays, and sent to the House of Repre

sentatives, 54

A Bill to increase the jurisdiction of the Ordinary in the division and

partition of real estate, and for other purposes ; introduced by Mr.

Witherspoon ; received the first reading ; referred to the Commit

tee on the Judiciary, and ordered to be printed, 32

Favorable Report of the Committee of the Judiciary on ; or

dered to be printed, 41

Rejected by yeas and nays on the second reading, 59

A Bill to alter and amend the law as to granting licenses to retailers

of spirituous liquors, tavern-keepers, and keepers of billiard tables ;

introduced by Mr. Arnold; received the first reading; ordered to

be printed, and referred to the Committee on the Judiciary, 33, 34

Unfavorable Report of the Committee on the Judiciary on ; or

dered to be printed, . *1

Report ordered to lie on the table, and the Bill was rejected

by yeas and nays, 61

A Bill to require the official bonds of District Officers to be recorded

in the office of Register of Mesne Conveyance, where such officers

shall be elected or appointed to act ; reported by the Committee on

the Judiciary, to which had been referred the Present nient of the

Grand Jury of Horry on that subject ; received the first reading; or

dered to be printed and for a second reading to-morrow, 38


sentatives, 54

A bill to provide for the supervision of the Free Schools ; reported by

the Committee on the College, Education, and Religion, to which

had been referred so much of the Governor's Message No. 1, as re

lates to Education ; received the first reading; ordered to be print

ed and for a second reading to-morrow, 41


PAGE.


WHICH WERE NOT PASSED BY THE LEGISLATURE,

Ordered to lie on the table, 76

A Bill to authorize theCity Council ofCharleston to establish a bridge

over Ashley River, and for other purposes therein mentioned ; in

troduced by Mr. Elfe ; received the first reading ; referred to the

Committee on Incorporations and Engrossed Acts, and ordered to

be printed, 43


Engrossed Acts agreed to, and the Bill was rejected, 89

A Bill to authorize a subscription on the part of the State, to a Branch

Rail-Road to Camden from the South-Carolina Rail-Road; introdu

ced by Mr. McWillie ; received the first reading; referred to the

Committee on Finance and Banks, and ordered to be printed, 43

Committee Report unfavorable, and Report laid on the table,

and Bill taken up ; title of the Bill changed, and the Bill re

jected by yeas and nays, 76, 77

Note.—The Bill afterwards introduced, and which passed the

gislature, will be found under the head of "Bills introduced

into the Senate, which were passed by the Legislature."

A Bill to permit John W. Leak to erect Mills on Thompson's Creek,

near Cheraw ; reported by the Committee on Agriculture and In

ternal Improvements ; received the first reading, and ordered for a

second reading to-morrow, and to be printed, 46


sentatives, 67

A Bill to alter and explain an Act, entitled an Act for the better secu

ring the liberty of the subject, and for the prevention of imprison

ment beyond the seas, made of force in this Stale ; introduced by

Mr. DeTreville ; received the first reading ; referred to the Com-

mittee on the Judiciary, and ordered 10 be printed, 47

Committee on the Judiciary discharged, and the Bill is referred

to the Committee on Federal Relations, 60

That Committee also discharged, 62

A Bill to alter and amend an Act, passed the 19th day of December,

one thousand eight hundred and twenty-eight, vesting in the Trus

tees of the Newberry Academy the escheated property in the Dis-

trict of Newberry ; introduced by Mr. Neel ; received the first

reading, and referred to the Committee on the Judiciary, 48

Committee on the Judiciary discharged from the further con

sideration of the Bill. 69

A Bill to exempt the St. Helena Mounted Rifle Company from at

tending Regimental and Battalion Reviews ; reported by the Com

mittee on the Military and Pensions, to which a Petition to that ef

fect had been referred ; received the first reading, and ordered

for a second reading to-morrow, 53


sentatives, 63


PAGE.


WHICH WERE NOT PASSED BY THE LEGISLALURE,


sentatives, 83

On the third reading, ordered to lie on the table, 108

Note.'—See A Bill to raise an Independent .Battalion of Militia,

and for other purposes, 105

A Bill to alter and amend the third section of an Act, entitled an Act

to vest certain lands in the District of Beaufort, in Trustees, for the

purpose of building and endowing a College in the town of Beaufort,

and to incorporate the same, and for other purposes therein men

tioned ; introduced by Mr. DeTreville ; received the first reading,

and referred to the Committee on Incorporations and Engrossed

Acts, 56

Committee report favorably ; Bill received the second reading,

and sent to the House of Representatives, 78

A Bill to prevent the selling of spirituous liquors to any soldier in the

service of the United States; introduced by Mr. DeTreville j re.

ccived the first reading, and referred to the Committee on the Ju-

diciary, 50

Unfavorable Report of the Committee on the Judiciary agreed

to, and the Bill is therefore rejected, 79

A Bill to re-establish the Old Four Hole Beat Company in the 18th

Regiment ; reported by the Committee on the Military and Pen

sions ; received the fust reading, and ordered for a second reading

on Monday next, ;"j7


sentatives, 71

Vote reconsidered, and the Bill recommitted to the Committee

on the Military and Pensions, 73

Favorable Report, and Bill ordered to lie on the table, 98

A Bill to exempt the Hiltoh Head Beat Company from attending Regi

mental and Battalion Reviews ; introsuccd by Mr. Fickling ; re.

ceived the first reading, and referred to the Committee on the Mili

tary and Pensions, 59

A Bill to make it the duty of the Chancellors of this State to file their

decrees within three months alter the hearing of the causes in

which such decrees are to be rendered ; introduced by Mr. Dar-

gan ; received the first reading ; referred to the Committed on the

Judiciary, and ordered to be printed, 60

Unfavorable Report ; ordered to lie on the table ; Bill re-

ceived the second reading, and sent to the House of Repre

sentatives, 92

A Bill to alter the sittings of the Courts of Law in certain Districts

within the Middle and Eastern Circuits ; introduced by Mr. Boozer ;

received the first reading ; referred to the Committee au the Judi

ciary, and ordered to be printed, 07

Received the second reading, and sent to the House of Repre.

sentatives, 89

A Bill to release the title of the State to certain lands, and for other

purposes ; reported by the Committee on Agriculture and Internal


PAOB.



Improvements, to which had been referred the petition of a number

of citizens in relation to grants by the State for certain lands, &c.

q. v.; received the first reading ; ordered to be. printed, and for a

second reading to*morrow, 70

On the second reading, the further consideration of the Bill

postponed to the first of January next by yeas and nays, 83 84

A Bill to authorize the Commissioners of Public Buildings fo; Laur-

ens District, to convey certain public land in the village ofLaurens,

and for other purposes ; reported by the .Committee on the Judi

ciary, to whom was referred a petition on that subject ; received the

first reading, and ordered for a second reading to-morrow, 74

Received the second reading, and sent to the House of Rcpre-

sentafives, 88



A Bill to extend the term of office of State Reporter; received the

first reading, and referred to the Committee on the Judiciary, 43

Unfavorable Report, and Bill and Report ordered to lie on the

table, 68

A Bill to amend the seventh section of an Act, entitled an Act to

amend and explain the Militia Laws of this Slate, passed on the

nineteenth day of December, in the year of our Lord one thousand

eight hundred and nine; received the first reading, and referred to

the Committee on the Military and Pensions, 69

Favorable Report j further consideration of the Bill postpon

ed to the first day of January next, 99

A Bill to amend the tenth section of the first article of the Constitution

of this State 5 leceived the first reading, and referred to the Com

mittee on the Judiciary, 74

Committee report favorably, and Report made Special Order

for this day at 1 o'clock, in Committee of the Whole, 60

Referred to a Committee of the Whole ; Committee reeom.

niend that the further consideration of the Bill and Report be

postponed to the first January next, and the same was or.

dered, 82

A Bill to alter and amend the law on the subject of insolvent debtors,

and for other purposes ; received the first reading, and referred to

the Committee on the Judiciary, , 79


to, and Bill rejected, 99

A Bill to amend an Act regulating Hawkers and Pedlars, passed the

19th day of December, 1843 ; received the first reading, and refer-

red to the Committee on the Judiciary, 85


to, and the Bill was rejected, 98

A Bill to alter the law on the subject of Bail ; received the first read.

ing, and referred to the Committee on the Judiciary, gfi

INDEX for THE SENATE JOURNAL. 141

PAGE.




to, and Bill rejected,

A Bill to require the Chancellors to open and hold the Court of Equity

in the several Districts of this State, each day during the whole term

now allowed bylaw J received the tirst reading, and referred to the

Committee on the Judiciary,

Unfavorable Report of i he Committee on the Judiciary agreed

to, and Bill rejected,

A Bill to provide a more definite mode of preparing the Reports of

cases Curried up to the Appeal Courts ,' received the first reading,

and referred to the Committee an the Judiciary, and ordered to be

printed,

Favorable Report of the Committee; further consideration of

the Bill postponed to the first of January ne.it,

A Bill to abolish the punishment of death in Cases of forgery and cer*

tain other crimes ) ordered to lie on the table,

€,

Christ ChUfch Parish, seat of Senator for, claimed by A. Hibben and

J. S. Rhett, 4

Leave refused to claimants to be heard in poison or by coun

sel, 5

A. Hibben qualifnd as Senator therefor, 5

Memorial oi J. S. Rlictt against his election, 21

Report of the Committee on Privileges and Elections on, order-

edto lie on the table, SO

Called up, and again ordered to lie on the fable, 42

Report (recommending It new election) agreed to, 40

Clerk of the Senate, Wm. E. Martin re-elected, 4

Report on proposals for Public Printing, 5

Account for Stationery furnished for the Senate of 1844, 49


to, and sent to the House of Representatives for concurrence, 81


Charleston Library Society, Petition for amendment ofCharter, " 0

Charleston Neck, Petition of citizens of, to be permitted to build a

bridge, 1

Counter Petition against the same, 28

Charleston, transient poor fund, for abstract of, 21

Charleston, citizens of, and City Council of, for leave to establish a

bridge over Ashley river, 2l

Counter Memorial of ciri& nsofSt. Andrewsi 87

Charleston, citizens of, praying a renewal of the Act to incorporate the

Union Insurance and Trust Company, 24

Carmichacl, A., Sheriff of Marion District, his Account, 24

Commissioners in Equity, Petition of citizens of Barnwell for their

election by the People, 24

Unfavorable Report of the Committee on the Judiciary on.

90

94

99

94

90

90

142 INUEX TO THE SENATE JOURNAL.

PA6B.

agreed to, 39

Chapman, Nancy, Petition for a Pension, 24

Withdrawn, 51

Criminal Law, Petition of citizens of York for change of, 28

Committee on the Judiciary discharge from the consideration

of, ' 54

Carey , R. Y., Petition of citizens of Beaufort District, for lefunding

certain moneys to himv , 28

Report of the Committee on Claims and Grievances oni agreed

to, and sent to the HouEe of Representatives, 65

Chesterfield, citizens of, Petition against the erection of Mills on

Thomson's Creek, . 28

Charleston City Guard, Petition of G. W. Dill and others, as to their

voting in elections ; withdrawn, 30

College Commencement, Report of the Committee on the College, Ed*

ucation and Religion on the subject of, 30

Senate attended, 34

Professorship of Greek Literature. See Report of the Com*

mittee on the College, Education and Religion on the sub*

ject of, " " 71

Commissioners in Equity for certain Districts, Offices reported va*

cant, 31

Election for, 35

Comptroller General, Annual Report of, 35

Campbell, A., elected Commissioner in Equity for Colleton District) 36

Chesterfield, citizens of, Petition in relation to the obstructions to the

passage of fish up Lynch's Creek, 37

See Petition of citizens of Lancaster on the same.

Catawba Lands, Petition of citizens of Lancaster as to bonds for the

purchase of, 37

Charleston Bridge Company, Memorial against the erection of a bridge

over Ashley river, * , 49

Cannon, John S., Petition for rccharter of a Ferry, 49

Chester, citizens of, Petition for reduction of fees of certain officers, 76

Committee on the Judiciary discharged, 93

COMMITTEES, SPECIAL.

To wait on the Governor, and inform him that the Senate had met,

&c, 4

Their Report, 5

To draft rules for the Senate, 5

Report agreed to, 6

On the Public Printing, 5

Report agreed to, and sent to the House of Representatives, 32

Message from the House of Representatives, asking leave to

recommit ; Message ordered to lie on the table, 35

Ordered to be recommitted, to divide the printing, 43

On the Governor's Contingent Accounts, 26, 29

To nominate Presidential Electors, 29

On the subject of books in the Legislative Library, 50

To examine the Bank of the State of South-Carolina and Bran

ches, 51, 55, 60


PAGE

COMMITTEES, SPECIAL.

To wait on the Governor elect, and inform him of his election, 59

To arrange the Senators' desks, 65

On the Petition of the Commissioners of Little Pee Doe River, 67

On the Report of the President of the Bank of the State of South-Car.

olina, in answer to a Resolution calling on him for information of

debts due by Incorporated and Manufacturing Companies, 83

Of Free Conference on a Bill to make further provision for the securi

ty of public moneys under the control of the different Boards of

Commissioners in this State, 106

Of Free Conference on a Bill to establish certain Roads, Bridges and

Ferries* 103

Of Free Conference on a Bill to make appropriations for the year

commencing in October, one thousand eight hundred and forty-four, 107

To nominate proxies to represent the State in the meetings of the

South-Carolina Rail-Roud Company, 108

On the repairs of the State House and Lot, 121

Of Free Conference on \he Report of the Attorney Genera!, on the

Bank Case, 122

COMMITTEES, STANDING.

Of the Senate, announced, 5

COMMITTEES, DISCHARGED.

Claims and Grievances, from the consideration of the Petition of Jni.

Davis and Orpha Davis, 32

Accounts and Vacant Offices, from the consideration of the same Pe

tition, 41

Judiciary, from the Report of the Solicitor of the Eastern Circuit, on

the Office of Commissioner in Equity for Georgetown, 42

Judiciary, from the Presentment of the Grand Jury of Dadington, in

relation to the Bonds of Districts Officers, 40

Agriculture and Internal Improvements, from tlie Account of the Su

perintendent of Public Works, 54

Judiciary, from the Petit;on of citizens of York, praying an alteration

in the Criminal Law, 54

Judiciary, from the Petition of citizens ot Newberry, on the subject of

Hawkers and Pedlars, 54

Judiciary, from a Bill to alter and explain an Act, entitled an Act for

the better securing the liberty of the subject, and for prevention of

imprisonment beyond the seas, made offeree in this State, 60

Judiciary, from Resolutions in relation to the Agent from Massachu

setts, ' 62

Agriculture and Internal Improvements, from the Report of the same

Committee on the Petition of citizens of Little Pee Dee River, 67

Judiciary, from a Bill as to escheated property for Newberry. See

Bill.

Claims and Grievances, from Petition of McBrideville Band, 78

Judiciary, from the consideration of the Presentment of the Grand Ju-

13

144 INDEX TO THE SENATE JOl'RNAL,

rxae>

Juries of Horry, Marion and Williamsburg, in relation to carrying

concealed deadly weapons, 93

Judiciary, Memorial of citizens of Georgetown, and counter Memorial

of the town council in relation to the Act of lueorporatiaB of that

town, 9:Y'

Ju îciary, Presentment of the Grand Jury of Greenville, in relation to

the mode of electing Governor and Electors of President and Vice

President of the United States, 9$

Judiciary, Petition ofcitizens of York and Chester, in relation to fees of

certain officers ; increase of the jurisdiction of Magistrates, and Stay

of Judgment, 9!?

Roads and Buildings, from the Presentment' of the Grand Jury of

Edgefield, in relation to poy ofCommissioners of the Roads, 9.1-

Military and Pensions, from the Petition of tire McBYidevil're Band;

and from the Petition of sundry citizens of the 2d Battalion 32d Re

giment South-Carolina Militia, 100

Agriculture and Internal Improvements, from the Presentation of the

Grand Jury of Lexington, 1191

From the Memorial of tire State Agrictfhcral Society, asking

aid for certain purposes, US'

Claims and Grievances, from the Account of the Winyaw Observer

Newspaper, US''

From the Account of Dr. Win. M. Lee, 1 19"

Dargan, Hon. George W., qualified as Senator from Duriington, ;5

Permitted to record the vote he would have given if he had been

present, on certain resolutions, 2(*

Daniel, C. O., Petition to be repaid money paid into the Treasury, 7

Unfavorable Report of the Committee on Finance and Banks

on, agreed to, 7&

Petition withdrawn, tl ifDaniel. C. O., Petition to be refunded a double t."», 7

Unfavor 'ble Report of the Committee on Finance and Banks j

ordeied to lie on the table, and Petition withdraw n, 93

Davis, John and Orpha, Petition for compensation for services render-

cd the State, 9

Committee on Claims and Grievances discharged, and refer

red to Committee on Accounts and Vacant Offices, 33

Committee on Accounts and Vacant Offices discharged, 41

Petition withdrawn, 51

DeTrevillo, Hon. R. 1)., appeared in his place in the Senate, 21

Darlington Distiiet, citi2ens of, Petition Sir a new road, 28'

Dill, Geo. W., and others, Petition i?s to City Guard voting in Charles

ton withdrawn, 30

Duncan, J. W., Dr., his Acconnt withdrawn, 01

Dawkins, T. N., elected Solicitor of the Northern Circuit, 03

DeMotte, Lewis, and others, Petition in rtfert nce'te* the Thompsoniau

System of Medicine, 73

INDEX TO THP SENATE JOURNAL. 145

PAGE.


ces on, ordered to lie on the table, 100

See " Thompsonian Practitioners," &c.

JE.

Eaves, Hon. N. R , qualified as Senator from Chester, 3

Equity, Court of, Presentment of the Grand Jury of Edgefield against, 32


agreed to, 92

Elizabeth Baptist Church, Petition for new incorporation, 21

Edgefield, citizens of, Petition for change of a road, 2S

Elfe, Hon. R., added to the Committee on Accounts and Vacant

Offices, 30

Evans, Thomas, elected Commissioner in Equity for Marion Dis.

trict, ' " 36;

Election, General, Petition of citizens of Lancaster for change of

Constitution, so as to have but one day of, 37

Edgefield, citizens of, Petition for a new road to Hamburg, 49

Unfavorable Report of the Committee on Roads and Build,

ings on; ordered to lie on the table, and Petition with

drawn, 93

Enterprise, schooner, Petition of John Strohecker and others, in re.

lation to losses sustained by her in consequence of British inter

ference, 49

Report of the Committee on Federal Relations on; ordered to

lie on the table, 109

Irvin, John F., elected Lieutenant Governor of South-Carolina, 58

Edwards, John I)., elected Solicitor Southern Circuit, 62

Elfe, Hon. R., permitted by the Senate to record the vote he would

have given if he had been present, on the Bill as to Presidential

Electors, 73

Execution, stay of, Petition of citizens of York and Chester as to, 76


Elmore, F. H., elected President of the Bank of the State of South-

Carolina, 99

F.

Felder, Hon. John M., qualified as Senator from Orange, 3

Fielding, Hon. J., qualified as Senator from St. Luke's, S

Petition of citizens of St. Luke's against his election, 7

Report of the Committee on Privileges and Elections, (ask.

ing leave to send for persons and papers;) agreed to, 4">

Report again; ordered to lie on the table: then called up and

agreed to, and a Resolution offered and disagreed to, 78

Report reconsidered, and ordered to lie on the table, 86

Recommitted, 101

Report submitted: agreed to, and seat vacated, 120

Fulton, J. B., re-elected Doorkeeper of the Senate, 4

Permitted by the Senate to employ an Assistant Doorkeeper, 5

Folk, Jacob, jr., Petition for compensation for attending as a witness

in the St, Bartohlomew's election, 7


Unfavorable Report of the Committee on Claims and Griev

ances on; amended so as to be made favorable, and disa

greed to,

Ferrell, R. G., praying to be refunded money advanced for Jury

tickets,

Report of the Committee on Claims and Grievances on; agreed

to and sent to the House of Representatives,

Returned' with concurrence,

Four Hole Company, Petition for re-establishment of,

Fiampton, Hon. John E., appeared in his seat in the Senate,

Leave of absence granted to him,

Farley, W. R., elected Commissioner in Equity for Laurens District,

Fairfield, Commissioners of Public Buildings of, Petition against the

erection of any building on the Court Flouse lot in,

Unfavorable Report on the Petition of Holland; agreed to,

Fees of certain officers, Petition for reduction of,

See York and Chester, and Committees Discharged,

Free Schools. See a Bill to providefor the supervision of,

And a Resolution from the House of Representatives, "as to

filling vacancies in Boards of Commissioners of "

FREE SCHOOL RETURNS FOR 1841.

Presented by

Mr. Moses, for Claremont,

Mr. Buford, for Williamsburg,

Mr. Walker, for St. Bartholomew's,

Mr. Fickling, for St. Luke's,

Mr. Young, for Laurens,

Mr. GourJin, for St. Stepen's,

Mr. Hibben, for Christ Church,

Mr. Boozer, for Lexington,

Mr. Boyce, for St. Philip's and St. Michael's,

Mr. Eaves, for Chester,

Mr. Henagan.'for Marion, ^

Mr. Skipper, for Horry,

Mr. Blake, for St. James, Santee,

Mr. Hanna, for Chesterfield,

Mr. Mellard, for St. James, Goose Crdek,

Mr. Appleby, for St. George's,Dorchester,

Mr. Rhame, for Clarendon,

Mr. Evins, for Anderson,

Mr. Elfe, for St. Thomas and St. Dennis,

Mr. DeTreville, for St. Helena,

Mr. H. H. Thomson, for Spartanburg, ")

Mr. Frampton, for Prince William's,

Mr. Neel, for Newberry, }

Mr. Walker, for St. Paul's,

Mr. Gist, for Union,

Mr. Dargan, Darlington,

Mr. Cain, St. John's, Berkley,

Mr. Allston, Prince George, Winyaw,

Mr. Mc Willie, Kershaw,

PAGE.

65

32

89

21

23

83

47

49

67

76

93

22

24

2»


PAGE.

Mr. Witherspoon, for York, ) 33

Mr. Rivers., for St. Andrew's Parish, $

Mr. Perry, for Greenville, 34

Mr. Felder, for Barnwell, }

Mr. Buchanan, for Fairfield, > 38

Mr. Ward, for All Saints, )

Mr. C. R. Thomson, for St. Matthew's > 4o

Mr. Gregg, for Richland, ' )

Mr. Felder, for Orange, 44

Mr. Huey, for Lancaster, 49

Mr. David, for Marlboro', 59

Gourdin, Hon. T. L., qualified as Senator from St. Stephen's, 3

Gist, Hon. Will am, qualified as Senator from Union, 3

Goodwyn, John T., re-elected Reading Clerk of the Senate, 4

Gaillard, J. D., re-elected Messenger of the Senate, 4

Grace Church, Camden, Petition for renewal of Charter, 6

Geological Survey, continuance of asked by certain Societies, 7

Gantt, James L., Petition for compensation for services rendered as

Librarian of the Appeal Court Library in Charleston, 7



Grist, John E., account for printing for the State, 8


to, and sent to the House of Representatives for concur

rence, 81


Grist, John E., Petition for payment for advertising a runaway

slave, 8


ances on; agreed to, , 64

Governor, his Excellency the, communications from him—

No. l.from 9 to 20

No. 2, 26

No. 3, 29

No. 4, 43

Governor of South-Carolina, ballotings for, 57, 58

Wm. Aiken elected, 58

Inauguration of, . 66

Gibson, Samuel F., Petition for recharter of Marr's BlufF Ferry, 22

Greene, Lucy P., Petition to be refunded a double tax, 31

Georgetown, Memorial and Counter-Memorial of the Town Council

and citizens of, as to the Law of Incorporation of that Town, 38


Goudelock, U., elected Commissioner in Equity for Union District, 51

Gist, Hon. Wm , permitted to record the vote he would have given if

he had been present, on the Bill in reference to Presidential Elec

tors, 73,


PAGE'

H.

Henagan, Hon. B. K., qualified as Senator from Marion, 3

Hibben, Hon. A., claimed to take his seat as Senator from Christ

Church, and the subject ordered to lie on the table, 4

Permitied to qualify and take his seat, 5

Report of the Committee on Privileges and Elections, on the

Memorial of James S. Rhett, against his election; ordered

to lie on the table, 39

Called up again; ordered to lie on the table, 42

Report (recommending a new election) agreed to, 48

Hudgins, Hannah, Petition for a Pension for services rendered by

her deceased husband, 21

Report of the Committee on the Military and Pensions; agreed



Hutchinson, Robert, Petition for compensation for aiding in attempt.

ing to capture an individual suspected of murder, 22

Report of the Committee on Claims and Grievances on; or-

dered to lie on the table, 63

Called up; ordered to lie on the table, and Petition withdrawn, 65

Hughes, Cader, Petition for Charter of Gallivant's Ferry, on Little

Pee Dee River, ' 23

Hughes, Cader, Petition for balance of appropriation for Lake

Swamp, 23

Counter-Petition of citizens of Horry, 43

Unfavorable Report of the Committee on Roads and Build

ings on; agreed to, 67

Horry, citizens of, Petition for cleaning out Chinnerse's Swamp, 28

Unfavorable Report of the Committee on Agriculture and In-

ternal Improvements on; agreed to, 55

Huey, Hon. T. W., qualified as Senator from Lancaster, 29

Added to the Committee on the Military and Pensions, 30

Houser, David, Petition for payment for work on the State Road, 31


ances on; agreed to, 79

Henderson, Thomas H., Petition that Maybin's Bridge may not be re-

chartered, 32

Hart, Benjamin, Petition for payment of an account for servants'

hire, 37


to, and sent to the House of Representatives for concurrence, 81


Hawkers and Pedlers, Petition of citizens of Newberry for amend

ment of law in relation to, 38

Committee on the Judiciary, from the consideration of, 54

Hoar, Samuel, Agent from the State of Massachusetts, to reside in

Charleston for the purpose of testing the constitutionality of certain

Acts of Assembly, in relation to Free Persons of Color: the Gov

ernor's communication relating to him, 29

Resolutions introduced into the Senate on this subject, 40

Repsrt and Resolutions from the Committee on Federal Rela

tions of the House of Representatives, providing for his im-


PAGE.

mediate expulsion from the State of South-Carolina; con-

curred in and returned, 47

Resolutions for sending copies of the Report and Resolutions

to the several Governors of the United States and Territo

ries, 49

Message from the House of Representatives, asking leave to

amend, and leave granted, 49, 50


See also, Report of the Committee on Federal Relations of the

Senate, on the same subject.

Hamburg, citizens of, Petition for a road, 49


on: ordered to lie on the taW", and Petition withdrawn, 93

See also, "Edgefield," and "Abbeville."

Hamburg, citizens of, Counter-Petition against opening a new road, 49

flagood, Dr. J. O., his account withdrawn, 51

Hudgins, John, Administrator of Ambrose Head, Petition for arrear

ages of Pension, 82

Favorable Report of the Committee on the Military 'and Pen

sions on; agreed to, and sent to the House of Representa

tives, 101

Returned with concurrence, 1 17

Hart, Benjamin, account for incidental expenses for the State House, 108

Report of the Committee on Claims and Grievances on;

agreed to and sent to the House of Representatives, and re

turned with concurrence, 119

J.

Johnson, Hon. J. D., qualified as Senator from St. Peter's, 3

Jacksonboro' Ferry, Petition of Dr. E. Witsell for charter of, 7

Jacksonboro' Ferry, Petition of J. White, Trustee of E. Walkingtou,

for charter of, 7


ings on; amended and made favoralte, and agreed to and

6ent to the House of Representatives, 47

See further, "White, Trustee," and Witsell, Emanuel.""

James Island, citizens of, Petition for the incorporation of an Agricul

tural Society, 28

Jasper, Sergeant, Petition of his daughter, Eliz. Brown, for a Pen

sion, 31

See A Bill on this eubject.

Jones, C. J., elected Commissioner in Equity for Newberry District, 36

Johnson, Frederick, Petition for compensation for damages sustain

ed by a road running through his plantation, 44



Johnson, P. M., account for binding books for the Legislature, 63




Johnston, A.S., appointed Printer for the Senate, 70


K.

Kershaw District, Commissioners of Roads of, Petition for a road,

Memorial of citizens of, praying the State to resume its sub.

scription to the South-Carolina Railroad, in aid of a branch

of the Road to Camden,

See Bills on this subject.

King, Mis. Ann, Petition to be placed on the Pension list,

Unfavorable Report of the Committee on the Military and Pen

sions on; agreed to,

I*.

License Laws, Petition of citizens of Spartanburg for change of,

Laurens District, Commissioners of Public Buildings of, Petition for

leave to execute title to a certain lot,

Ludlam School Fund—See Barnard E. Bee,

Ludlam School Fund, Report of the Vestry of St. James, Goose

Creek, on,

Lieutenant Governor of South-Carolina, John F. Irvin elected,

Laurens, village of, Petition of citizens for incorporation,

Lexington—See "Poor, Commissioners of."

Licber, Professor, Resolution in relation to his absence from his

chair.

Report of the Committe on the College, Education, and Reli

gion, on; ordered to lie on the table,

Lancaster, citizens of Town of, Petition for amendment of charter,

so as to grant or refuse Licenses,

See a Bill on this subject.

Langley, fir. Samuel, Petition for compensation for a post mortem

examination,

Unfavorable Report of the Committee on the Lunatic Asylum

and Medical Accounts on; agreed ta,

Locke, G. B., Petition for payment for provisions furnished for the

Citadel and Magazine Guard in Charleston,


to, and sent to the House of Representatives,

Returned by the House of Representatives with concurrence,

Lee, Dr. William M., account for services rendered to a prisoner.

Committee on Claims and Grievances discharged,

Leak, John W., Petition to be permit.ed to erect mills on Thompson's

Creek, near Cheraw,

Counter-Petition of citizens of Chesterfield,

See "Bill to permit John W. Leak," &c.

Libel, Law of, Petition of certain citizens of this State as to,

Unfavorable Report of the Committee on the Judiciary on;

agreed to,

Lexington District, Petition of certain citizens of, praying an altera

tion of the law defining the limits of that District,

Long, Elizabeth, Petition of her heirs as to certain property, with

drawn,

Presented,


PAGE.

Laurens, K. It., elected Master in Equity for Charleston District, 36

Lancaster, citizens of, Petition for amendment of the law for prevent

ing the passage of Fish up Lynche's Creek, 37

Unfavorable Report of the Committee on Agriculture and In

ternal Improvements; agreed to, 55

Lancaster, citizens of, Petition as to Bonds for purchase of the Ca

tawba land?, 37

Lunatic Asylum, Annual Report of the Regents of, 37

Lancaster, Petition of citizens of, for change of the Constitution, so as

have but one place of Election, and for an additional place of Elec

tion, 37

HI.

McWillie, Hon. Wm., qualified as Senator from Kershaw, 3

Mellard, Hon. Wm., qualified as Senator from St. James, Goose

creek, 8

Martin, Wm. E., re-elected Clerk of the Senate, 4

Moicock, W. A., Petition for charter of Beaufort Ferry, 7

Murray's Ferry, over Santee, Petition of Wm. Staggers for charter of, 7

McBrideville Band, Petition for compensation for services rendered

the 9th and 10th Brigades, 8

Committee on Claims and Grievances discharged, and re

ferred to Committee on the Military and Pensions, 78

Committee on the Military and Pensions discharged, 100

Montgomery, Thomas, Petition for compensition for attending Court

as a witness, 22

Unfavorable Report of the Committee on the Judiciary on;

agreed to, 39

Methodist Benevolent Society, Petition for incorporation, 23

Marion District, citizens of, Petition for an appropriation for clean

ing out Little Pee Dee river, 28

See Pee Dee river.

Mellard, Hon. Wm., added to the Committee on the Lunatic Asy

lum and Medical Accounts, 30

Master in Equity for Charleston, office reported vacant, 31

E. R. Laurens elected, 36

Militia, 32d Regiment, 2d Battalion; Petition for change of Mus

ter Ground, 31

Committee on the Military and Pensions discharged, 100

21st Regiment, Lower Battalion; Petition against Brigade

Encampments, 33

Merchants' Library Society, Petiiion for incorporation, 37

Massachusetts, Agency from, in regard to Free Persons of Color, 29, 33

See Resolutions introduced into the Senate on this sub

ject, 40

Resolutions for expulsion of the Agent, 47

Note.—See "Hoar, Samuel."

Morris, Mrs. R., Petition for the charter of Fish-Dam Ferry, across

Broad river, 44

Magistrates, increase of jurisdiction, Petition of citizens of York

and Chester for, 76



PAGE.

MESSAGES.

From the Governor, No. 1, pages 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,

1!), 20: Referred, 24-5: Committee of the Whole Senate discharged from

> that portion referred to it, 26. No. 2, communicated and refened, 26.

No. 3, in relation to the Massachusetts Agent, Mr. Hoar, 29. No. 4, an-

nouncing that he had no further communication to make, 43.

From the Senate to the House of Representatives, pages 4, 5, 23, 26, 30, 34,

35, 41, 43, 43, 44, 45, 45, 48, 50, 50, 51, 51, 52. 52, 52, 52, 56, 58, 58,

58, 58, 59, 60, 60, 79, 84, 98, 98, 102, 103, 103, 104, 104, 104, 105,

106, 106, 107, 107, 108, 116, 121, 121, 121, 122, 122, 123, 123, 123,

124, 125.

From the House of Representatives to the Senate, pages 6, 6, 23, 29, 33, 34,

35, 35, 36, 42, 43, 45, 45, 47, 48, 49, 50, 51, 51, 52, 52, 52, 52, 58, 53,

58, 58, 60, 60, 80, 88, 96, 98, 98, 98, 102, 103, 103, 104, 104, 104, 105,

106, 107, 107, 107, 108, 116, 120, 121, 122, 122, 122, 122, 123, 124, 125.

nr.

Neel, Hon. J. P., qualified as Senator from Newberry,

Newberry, citizens of, Petition for amendment of the Law in relation

to Hawkers and Pedlers,

Committee on the Judiciary discharged from the consideration

of,

O.

Ogier, Dr. F., employed as Assistant Doorkeeper of the Senate,

Resolution providing for payment of; agreed to, and sent to

the House of Representatives,

Returned with concurrence,

O'Neall, Hon. John B., Petition and Papers relating to his slave, who

was executed, withdrawn,

Petition presented,


to, and sent to the House of Representatives,


P.

Perry, Hon. B. F., qualified as Senator from Greenville, 3

Pickens, Hon. F. W., qualified as Senator from Edgefield, 4

Patterson, Hon. A., re-elected President of the Senate; his Address, 4

Pee Dee river, Petition of Commissioners of, for an appropriation for

cleaning out, 7

Petition of citizens of Marion District to the same effect, 28


ternal Improvements on, recommitted, 54

Committee discharged, and Petition referred to a Special

Committee, 67

Report favorably, and Report disagreed to by yeas and Nays, 73-4

See a Resolution on this subject.

3

38

54

5

76

114

6

22

32

69

INDEX TO THE SENATE JOURNAL. 1§3

PAGE.

Pilots of the Bar and Harbor of Charleston, Petition for exemption

from Jury duty, 8

See Bill on this subject.

Poor, transient, of Charleston, Abstract of Expenditure for, 21

Pressly, R. M , Petition for compensation for expenses in sending his

son as a witness to Abbeville Court, 24



Presidential Electors, change of mode of electing of proposed—

See Bill on that subject.

Resolution for appointing Committee to nominate, 27

Certain persons nominated, 35

Election therefor, 42

Pearson, W. F., Petition for compensation for taking the census of

Fairfield District, - 28



Purse, W. W., account for work on the Senate Chamber, 37




Purse, W. W., account for work in the Surveyor General's office, 37

Report of the Committee on Claims and Grievances on;



Poor, Commissioners of, for Georgetown, Report on the disbursement

of the Transient Poor Fund for that District, 37

Poor, Commissioners of the, for Clarendon, Petition to be relieved

from a penalty for neglecting to make a Return, 3S

Favorable Report of the Committee on the Judiciary on;



Public Buildings—See "Laurens, public buildings of," 43

Printers of Charleston, Petition for exemption from militia duty, 48

Unfavorable Report of the Committee on the Military and

Pensions on; agreed to, 71

Park, Thos., late Treasurer \ a n n n . . j nn i mu 'p > of the S. C. College, accounts presented, 51Peck, 1 homas, 1 reasurer J 6 ' 1

And Report of the Committee on Accounts of the Trustees

of the S. C. College on the same, 51

Pou, Louis, praying the State to confirm a grant of land, 56

Pembertoi;, A. fl., account for printing and advertising, 56



Returned with concurrence, , 117

Poor, Commissioners of, for Lexington, Petition to be exempted from

fine for neglecting to make a Return. to Court, 62

Report of the Committee on the Judiciary on; agreed to, and

sent to the House of Representatives, 78



22

PAGE.

Peckham, James, account for work done in the Surveyor General's

office, 88




Poor, Commissioners of—See Report of the Committee on Finance

and Banks, on the Presentment of the Grand Jury of Edgefield as

to, 100

PRESENTMENTS OF GRAND JURIES.

For Sumter, Fall Term 1944, -|

" Spring Term 1644,

Williamsburg, Fall Term 1844,

Charleston, " 1844,

Kershaw, Spring Term 1844,

« Fall " 1844,

Lexington, Spring Term 1844, 21

Horry, Fall Term 1844,

Marlboro' " 1844,

Greenville, " 1844,

Orangeburg" 1844,

Anderson, Spr. & F. Term 1844,

Barnwell, Fall Term 1844,

Marlboro', Spring Term 1844, ) „„

Horry, " " 1844, $

Richland, Spring and Fail Terms 1844, 24

Darlington, Spring and Fall Terms 1844, 27

Marion, Fall Term 1844, )

Edgefield, " 1844, ]

It.

Rhett, James S., claimed to be qualified as Senator from Christ

Church, 4

Senate permitted A. Hibben to qualify, 5

Rhett, James S., Memorial against the election of Hon. A. Hibben, 21

Report of the Committee on Privileges and elections on; or

dered to lie on the table, 39

Called up, and again ordered to lie t n the table, 42

Report (recommending a new election) agreed to, 48

Rivers, Hon. John, qualified as Senator from St. Andrew's, 5

Rules of the Senate, reported and agreed to, 6

Rivers. Francis, Petition for Pension due her mother, deceased, 7

Roads, Commissioners of, for Salem County, Petition for an Addition

al Commissioner, 7

Road Law, Petition of citizens of St. Luke's for change of, 7

Rocky Creek Church, Petition for incorporation, 21

Road Laws, change of, proposed—See Resolution relating thereto, 27

Railroad, S. C, Memorial of the citizens of Kershaw, asking the

State to resume its subscription in, 33

Rutland, J. M., Petition for leave to erect a fire-proof building on

the Court House lot, in Winsboro', 35

22


* pAGE.

Counter-Memorial of the Commissioners of Public Buildings

for Fairfield, 49


ings on the Petition of Rutland; agreed to, 67

Railroad, Georgia, Map of the, presented by the President of this

Railroad, " 37

Robertson, Dr. Thomas, Petition for compensation for a post mortem

examination, 37

Unfavorable Report of the Committee on the Lunatic Asy

lum and Medical Accounts; agreed to, 66

Ray, Dr. D. W., Petition for a post mortem examination, 41

Unfavorable Report of the Committee on the Lunatic Asy

lum and Medical Accounts on; agreed to, 43

Reed, Myra, Petition for confirmation of titles, 44

Regimental Encampments—See Report of the Committee on the Mi-

litary and Pensions on, and Brigade Encampments.

Roads, Commissioners, Pay of, Presentment of the Grand Jury of

Edgefield recommending, 32

Committee on Roads and Buildings discharged. 93

Richardson, J. S. G., elected State Reporter, 99

Ratification of the Acts of the General Assembly for 1844, 124-5

RESOLUTIONS INTRODUCED INTO THE SENATE.

By Mr. Murray, as to an Independent Battalion of Militia, 6

" Mr. Pickens, in relation to Texas, Abolition, and the Tariff*, 20

Referred to the Committee of the Whole: Committee recom

mend their passage, with certain amendments; Resolutions

amended as recommended, and agreed to and sent to the

House of Representatives for concurrence, 25, 26


" Mr. McWillie, referring Message No. I of the Governor, 24-5

" Mr. DeTrevillc, for nominating Presidential Electors, 27

" Mr. Fickiing, as to changes in the Road Law of 1843, 27


ings; agreed to, 55

" Mr. Gist, as to debts due to the Bank of the State by certain Com

panies, 27

Agreed to, 32

Report of the President on, 67

Referred to a Special Committee, 88

Report, ' 121, 122

" Mr. DeTrcville, requiring a certain Report from the Trustees of

the Beaufort College; agreed to, and sent to the House of Repre

sentatives, 30


" Mr. DeTrcville, in relation to the Agency from Massachusetts*

in reference to Free Persons of Color, , 33

Motion made to lay on the table; lost, by yens and nays, 39, 40

Mo.ion to refer part to the Committee on the Judiciary; agreed

to, by yeas and nays, 40

156 INDEX TO THE SENATE JOURNAL,


PAGE.

And remaining Resolutions referred to the Committee on Fed

eral Relations, 40


Report of the Committee on Federal Relations on, 93

" Mr. Witherspoon, for appointing certain Managers of Elections

for York; agreed to, and sent to the House of Representatives, 35

t, Mr. Moses, providing for sending to the Governors of the States

and Territories the Resolutions in relation to the Agency from

Massachusetts, 49

Message from the House of Representatives asking leave to

amend, and leave granted, 49, 50


** Mr. Dargan, in relation to books in the Legislative Library, and

the purchase of books foi the Court of Appeals; agreed to, and sent

to the House of Representatives, 60

" Mr. Witherspoon, for appointing a Commissioner of Free Schools

for York District; agreed to, and sent to the House of Represent-

tives, 50

" Mr. Neel, for adjourning the session of the General Assembly;

agreed to, and Message sent to the House of Representa

tives, 51

" Mr. Huey, for appointing Managers of Elections for Lancaster;


" Mr. Dargan, for arranging the Senators' tables, and for making

other alterations in the Senate Chamber; agreed to, 64

" Mr. Witherspoon, for appointing a Manager of Elections for York

District; agreed to, and sent to the House of Representatives, 65

" Mr. Neel, requesting the Governor to furnish to the Senate a copy

of the Surveyor General's Report; agreed to, 65

11 Mr. Witherspoon, for appointing a Manager of Elections for York;


" Mr. DeTreville, for appointing Magistrates for Beaufort District,

and Managers of Elections for St. Helena Parish; agreed to, and


" Mr. Felder, in relation to the absence of Professor Lieber, 72

Report of the Committee on the College, Education and Reli.

gion, on; ordered to lie on the table, 93

" Mr. Moses, for compensation to the Assistant Doorkeeper of the

Senate, 76


" Mr. DeTreville, in reference to the Senator for St. Luke's; disa.

greed to, 78

" Mr. David, for examining Little Pee Dee river; agreed to, and



" Mr. Rhame, for requiring a Report of ferriage at Vance's Ferry;

agreed to, and sent to the House of Representatives for concur,

rence, 91-2




PAGE.

" Mr. Pickens, in reference to Abolition; unanimously agreed to,

and sent to the House of Representatives for concurrence, 95-0

" Mr. Perry, in relation to expenditures for books for the Legisla

tive Library, 109


" Mr. Moses, for publishing Reports of Committees to investigate

the Rank, &c. 119

" Mr. Boyce, for appointing proxies to represent the State in the

meetings of the S, C. Railroad Company, and the S. VV. Railroad

Bank; agreed to, and sunt to the House of Representatives for con

currence, 120

" Mr. Huey, instructing the Superintendent of Public Works not to

sell certain lands; ordered to lie on the table, 121

" Mr. Huey, instructing the Superintendent of Public Works, and

Treasurer of the Upper Division, not to institute suits on bonds for

the purchase of certain lands, &3.; agreed to, and sunt to the House


Returned, concurred in, 121

RESOLUTIONS FROM HOUSE OF REPRESENTATIVES.

Providing for the appointmeni of Commissioners for Horse Crerk, 43

Concurred in, and returned to the House of Representatives, 71

For adjourning the General Assembly; concurred in, and returned to

the House of Representatives, 64

Instructing the Superintendent of Public Works to report the number

of bridges, &c. on the State Road, 74


Directitig Commissioners of Free Schools to report vacancies in their

respective Boards, 99

Concurred in, and returned to the House of Representatives, 11S

In relation to the Comptroller General's investigating Bills ef Credit, 111

Report of the Committee on Finance and Banks on; ordered

to lie on the table, . 110

For altering the Gallery of the House of Representatives, 113


For printing and compiling the Militia Laws, 113


For appointing a Magistrate for Richland District; concurred in, and

returned to the House of Representatives, 117

For appointing a Magistrate for Barnwell District; concurred in, and


Instructing Commissioners appointed to represent the State in the

S. C. Railroad Company; concurred in, and returned to the House


REPORTS OF COMMITTEES OF THE SENATE,

COMMITTEE ON THE JtJDlCIARY.

Unfavorable Report on the Presentments of the Grand Juries of Ker

shaw and Charleston, as to compensation to State's witnesses;

agreed to, 39


REPORTS OF COMMITTEES OF THE SENATE.

COMMITTEE ON THE JCDICIAHV.

TAGE.

Unfavorable Report on the Presentment of the Grand Jury of An

derson, in reference to confession ofjudgments and jurisdiction, by

Courts, Magistrates, and Free-holders, in cases of trespass; hgreed

to, 39

Unfavorable Report on the Presentment of the Grand Jury of Rich

land, in relation to Ten-Pin Alleys and Treating at Elections;

agreed to, 39

Unfavorable Report on the Presentment of the Grand Jury of Rich

land, in relation to Tippling Houses and the pay of Jurymen, 39

Unfavorable Report on tne Presentment of the Grand Jury of Marl

boro', in relation to the purchase of cotton by weight, as now used,

and the books of accounts of farmers; agreed to, 39

Unfavorable Report on the Presentment of the Grand Jury of Sum

ter District, in reference to the hiring to negroes of their own time,

fines in the Court of Sessions, and Compensation to State's witnes

ses; agreed to, 39

Unfavorable Report on the Petition of citizens of Barnwell, in rela

tion to the Law of Libel; agreed to, 39

Unfavorable Report on the Petition of citizens of Barnwell, pray

ing that Commissioners in Equity may be elected by the people;

agreed to, 39

Unfavorable Report on the Petition of Thomas Montgomery, pray

ing compensation for attending as a witness on the part of the State;

agreed to, 39

On the Petition of Carlos Tracy, to be permitted to apply for the Bar:

Unfavorable; agreed to, 55

On the Petition of the Commissioners of the Poor for Clarendon, pray

ing to be excused from liability to a fine for neglecting to make a

Return to the Court of Common Pleas; agreed to, and sent to the

House of Representatives for concurrence, 55


On Petition of Commissioners of the Poor for Lexington to the same

effect; agreed to, and sent to the House of Representatives, 78


On the Report of the Attorney General and Circuit Solicitors on Dis

trict Offices and Officers; agreed to, and sent to the House of Rep

resentatives for concurrence, . 83

Returned with concunence, 117

On the Report of the Attorney General, on the publication of the

Bank Case; agreed to, and sent to the House of Representatives

for concurrence, 83

Amended by the House of Representatives, by leave of the

Senate, and returned by the House of Representatives with

concurrence, 123

On the Presentment of the Grand Jury of Edgefield, in relation to

the Court of Equity, (unfavorable;) agreed to, 92

On the Communication of the State Reporter; agreed to, and sent to

the [louse of Representatives for concurrence, 92

On the Report of the Committee on Accounts of the House of Repre-


sentatives. in relation to a reduction of the Fee B«ff, rAGK'

us- . — v. bllO LOO U'll,

On the Report of the Committee on the Judiciary of the House of

Representatives, on so much of the Governor's Message as relates

to the offices of Secretary of State and Surveyor General 1 1

Ordered to lie on the table, '116

46

56

FINANCE AND BANKS.

On the Report of the Committee of Ways and Means of the House of

Representatives, on the Abstract of expenditure by the City Coun

cil of Charleston, for the transient Poor,

On the Report of the Committee of the City Council of Charleston,

. on the expenditure for the transient Poor; ordered to lie on the table,

On the Report of the Committee of Ways and Means of the House

of Representatives, on the Petition of J. D. Allen, 75

On the Report of the same Committee, on the Petition of Lucy P.

Greene, 75

On the Report of the same Committee, on the Report and Petition of

the Commissioners of the Poor for Georgetown District, 75

On the Report of the same Committee, on the Petition of Willis Stan-

sell, 75

On the Petition of citizens of Kershaw, in reference to a Branch Rail-

road, and on the Bill on that subject (q. v.) ordered to lie on the table,

On the Petition of C. O. Daniel, praying to be refunded money paid

into the Treasury through Tnistake, (unfavorable;) agreed to,

On the Petition of C. O. Daniel, praying to be refunded a double tax,

(unfavorable;) ordered to lie on the table, and Petition withdrawn,

On so much of the Presentment of the Grand Jury of Edgefield, Fall

Term, 1844, as relates to Commissioners of the Poor, (unfavora-

ble;) agreed to,

On certain amendments by the House of Representatives, on a Bill to

make appropriations for the year commencing in October, one thou,

sand eight hundred and forty-four, 105

On the Report of the Committee of Ways and Means of the House

of Representatives, on a Bill to regulate the auditing of contingent

accounts against the State,

Ordered to lie on the table,

On the Report of the same Committee, on so much of the Comptroller

General's Report as relates to Lotteries,


On a Resolution of the House of Representatives, in relation to the

Comptroller General's investigating Bills of Credit, 113


CLAIMS AND GRIEVANCES.

On the Petition of Dr. B. B. Sams; agreed to, and sent to the House of

Representatives, 50


On the Petition of the Hon. John B. O'Neall; agreed to, and

sent to the House of Representatives,


On the Petition of R. G. Ferrell; agreed to, and sent to the House

of Representatives,


14

76

78

93

100

113

116

113

116

118

69


PAG-SV

On the Petition of Robert Hutchinson, praying compensation for aid-

ing in capturing a malefactor; ordered to lie on the table, 63

Called up Petition; withdrawn, and ag.iin ordered to lie on the

.able, 65

On the Petition of Wm. F. Pearson, for compensation for taking the

census of Fairfield District, (unfavorable;) agreed to, 63

On the Petition of John E. Grist, for payment for advertising a runa

way slave, (unfavorable;) agreed to, 04

On the Petition of Jacob Bookman, Thomas Watt and others, to be

refunded certain expenses incurred by them as Commissioners of

Fish Sluices, (unfavorable;) agreed to, 64

On the Petition of R. M. Pressly, to be refunded expenses of

sending his son to Abbeville Court, (unfavorable:) agreed to, 64

On the account of W. W. Purse, for work done in the Senate Chain.

her; agreed to, and sent to the House of Representatives, 64


On the account of Geo. B. Locke, for provisions furnished for the Ci-

tadel and Magazine Guard in Charleston; agreed to, and sent to

the House of Representatives, . 64


On the Petition of citizens of Beaufort District, praying that certain-

money be refunded to R. Y. Carey; agreed to, and sent to the

House of Representatives, 6-5

On the Petition of Jacob Folk; amended, andfclisagreed to, 65

On the Petition of J. S. Walker; motion to amend made and lost, and

Report agreed to, 65-6

On the Report of the Committee on Claims of the House of Repre

sentatives, on the account of the Clerk of the Court <>f Appeals at

Columbia, 76

On the Report of the same Committee, on the Petition of Edw. Jones

and A. W. Jones, 76

On the Report of the same Committee, op the Petition of R. G. Fey.

rell, * 70

On the Report of the same Committee, on the account of James L.

Orr, for public printing, 70

On the Report of the same Committee, on the account of C. II, AK

fen, for printing, 7G>

On the Report of the s:\me Committee, on the Petition of Rev. J. J.

Lawton, 76

On the Report of tl>e same Committee, on the Petition of Harman Gar^

rett, 76

Agreed to, and Message sent to the House of Representatives, asking

teave to amend House Report, 84


sentatives, on the account of A. S. Willington, for printing, 7i>

On the account of J. H. Buckner; agreed to, and sent to

the House of Repiesentatives, 101

Amended in House of Representatives, by leave of Senate, and

concurred in and returned,

On the Report of the same Committee, on the Petition of citizens of

Beaufort District, praying certain money to- be refunded to R. Y/

Carey, 75,


PAGE.

On the Report of the same Committee of the House of Representa

tives, on the Petition of J. L. Gantt, 75

On the Petition of David Houser, (unfavorable;) agreed to, 79

On the account of W. Wingate, (unfavorable; agreed to, 79

On the account of J. J. Wilder, (unfavorable;) ordered to lie on the

table, 79

On the account of the Clerk of the Senate, for stationery furnished

fur the Senate for 1844; agreed to, and sent to the House of Repre

sentatives for concurrence, 81


On the Petition of B. Hart, for the hire of servants for the State House;

agreed to, and sent to the House of Representatives for eoncur-

renoe, 81


On the account of P. M. Johnson; agreed to, and sent to the House

of Representatives, &3


On the Petition of James L. Gantt; agreed to, and sent to the House

of Representatives for concurrence, 81

On the account of John E. Grist, for printing; agreed to, and sent to

the House of Representatives for concurrence, - 81


On the Report of the Committee on Claims of the House of Represen

tatives, on the Petition of Mary Thorn, (unfavorable;) agreed to, 81

On the account of Samuel Weir, for printing; agreed to, and sent to

the House of Representatives for concurrence, 83


On the account of W. W. Purse, for work done in the office of the

Surveyor General; agreed to, and sent to the House of Represen

tatives, 83


On the Petition of E. M. Spriggs, praying payment of money expend

ed in defending an action relative to the Saluda Turnpike road,

(unfavorable;) agreed to, 86

On the Petition of George Walker, praying to be refunded the amount

of a verdict recorded against him as Superintendent of Public

Works, (unfavorable;) ordered to lie on the table, and Petition

withdrawn, 93

On the account of P. M. Johnson; agreed to, and sent to the House

of Representatives for concurrence, 9"?

On the Petition of citizens of York District, and of Lewis De La

Motte, in relation to Thompsonian practitioners of medicine, (un.

favorable;) ordered to Ue on the table, and Petition of citizens of

York withdrawn^ 100

On the Petition of James Adams, praying to be paid for his land sold

by the State, (unfavorable;) agreed to, 100

On the account of J. H. Buckner, for carrying commissions and ser

ving summonses in the contested election for Senator for St.

Luke's Parish; agreed to, and sent to tlve House of Representa

tives, 101


pAGE.

On the account of B. F. Smith, for oil furnished for the Citadel in

Charleston; agreed to, and sent to the House of Representatives, 101

On the account of A. H. Pemberton, for printing and advertising;



On the Report of ths Committee on Claims of the House of Repre.

sentatives, on the account of citizens of St. Luke's Parish, for at-

tending as witnesses in the contested election for a Member of that

House from St. Luke's Parish, 101

On the Report of the same Committee, on the account of Symmes &

Bridwell, ,102

On the Report of the same Committee, on the account of Dubose &

Johnston, for printing Ruffin's Report, 102

On the account of J. Peckham; agreed to, and sent to the House of

Representatives, 109


On the Petition of citizens of York, and of Lewis De La Mode, in

relation to the Thompsonian practice of Medicine, (unfavorable;)

ordered to lie on the table, 100

Ob the Petition of Frederick Johnson, (unfavorable;) agreed to, 116

On the account of B. F. Smith; agreed to, and sent to the House of

Representatives, 101



sentatives, on the account of John A. Stuart, (after Messages to

House of Representatives asking leave to amend House Report;)

ordered to lie on the table, 116

On the Report of the same Committee, on the account of W. Hop

kins, 118

On the Report of the same Committee, on the Petition of Samuel Jor

dan, 118

On the Report of the same Committee, on the account of Thomas

Pye, 118

On the Report of the same Committee, on the account of Simon Vcr-

dicr and others, . 118

On the Report of the same Committee, on the account of Charles Will-

cox, 118

On the Report of the same Committee, on the account of John W.

Summer, Trustee, 118

On the Report of the same Committee, on the Petition of George H.

Pooser, 118

On the Report of the same Committee, on the account of the Rich

land Artillery Company, 118

On the Report of the same Committee, on the account of J. N. Car-

dozo & Co., * 118

Qn the. Report of the same Committee, on the account of A. H. Pem

berton, 118

On the Report of the same Committee, on the Petition of Samuel Sum

mer, Administrator, 119

On the Report of the same Committee, on the Petition of Jacob Ste

phens, 1 1 8


PAGE.

On the Report of the same Committee, on the Petition ofC. B. Far

mer, 118

On the Report of the same Committee, on the account of Samuel

Isaacs, 118

On the Report of the same Committee, on the Petition of J. H. Buck-

ner, 118

On the Report of the same Committee, on the account of Kinloch, Phi

lips & Co., 118

On the Report of the same Committee, on the Petition of Oswald

Reeder, 118

On the Report of the same Committee, on the account of T. W. Pe-

gues, 119*

On the Report of the same Committee, on the account of A. S. John-

ston, 119

On the Report of the same Committee, on the account of O. H.

Wells, 119

On the Report of the same Committee, on the Petition of A Camp.

bell, 119

On the Report of the same Committee, on the account of Jos. Bas-

kins, 119

On the Report of the same Committee, on the account of B. Gass, 119

On the Report of the same Committee, on the account of II C. Mor-

gan, 119

On the Report of the same Committee, on tke account of VV. F. Du-

risoe, 119

On the Report of the same Committee, on the Account cf John

Stubbs, 119

On the Report of the same Committee, on the account of T. W. Glo

ver, V. 119

On the Report of the same Committee on the account of the Secretary

of State, 119

On the Report of the same Committee, on the account of L. B.

Clark, 119

On the acco.int of B. Hart, for incidental expenses for the State

House; agreed to, and sent to the House of Representatives and

returned with concurrence, 119

FEDERAL RELATIONS.

On the Resolutions in relation to Mr. Hoar, Agent from Massachu

setts! agreed to, and sent to the House of Representatives for con

currence, 93

On the Petition of John Strohecker and others, in relation to losses

sustained by the seizure of the schooner Enterprize, by the British

authorities; ordered to lie on the table, 109

On the Report of the Committee on Federal Relations of the House

of Representatives, on the Protest and Declaration of the State of

Rhode Island and Providence Plantations, 123

PRIVILEGES AND ELECTIONS.

On the Memorial of James S. Rhett, contesting the seat of the Sena

tor from Christ Church; ordered to lie on the table, 39


PAGE.

Called up, and again ordered to lie on the table, 42

Report (recommending a new election) called up, and agreed

to, 48

On the Memorial of citizens of St. Luke's, protesting against the

seat of the sitting Member, (asking leave to send for persons and

papers, &c.;) agreed to, 45

Report again made, and ordered to lie on the table, 78

And again called up and agreed to, * 78

Reconsidered, and ordered to lie on the table, 86

Recommitted, 101

Again made, and agreed to, 120

MILITARY AND PENSIONS.

On the Petition of Nancy Chapman, for a Pension; ordered to lie on

the table, 55

On the Report of the Committee on Pensions of the House of Repre

sentatives, on the Petition of Frances E. Reeves, 66

On the Petition of Elizabeth Brown, the daughter of Jasper, praying

a Pension; agreed to, and sent to the House of Representatives for

concurrence, 64


On the Petition of Frances E. Reeves, praying amount of Pension due

her deceased mother, Sarah Hicks; agreed to, and sent to the House


On the Petition of Hannah Hudgins, praying a Pension; agreed to,

and sent to the House of Representatives, 68


On the Petition of the Printers of Charleston, for exemption from Mi

litia duty, (unfavorable;) agreed to, 71'

On the Petition of officers of the 21st Regiment S. C. Militia, praying

the repeal of the Brigade Encampment system; the increase of

Company Drills; a repeal of Regimental Courts Martial, and a

change ofthe mode of resigning Commissions, (unfavorable:) Motion

to amend, and make the Report favorable: Motion lost by yeas and

nays, and Report agreed to, * 81-2

On the Petition of certain officers of the 9th Brigade, praying that Bri

gade Encampments and Company Drills be abolished, and that Reg

imental Encampments may be substituted in their place, (unfavora

ble:) Motion to amend, so as to make the Repovtfavorable: Motion

lost, and Report agreed to, 83

On the Petition of sundry citizens of the Lower Battalion 21st Regi

ment S. C. Militia, praying the repeal of the Brigade Encampment

system, (unfavorable;) agreed to, 83

On the Petition of Anne King, (unfavorable;) agreed to, 100

On the Report of the Committee on Pensions of the House of Represen

tatives, on the Petition of Mary Laird, . 100

On the Petition of Esther Wallace; agreed to, and sent to the House of

Representatives for concurrence, 100


On the Petition of John Hudgins, Administrator of Ambrose Hudgins;

agreed to, and sent to the House of Representatives, , 101


PAGE.

Returned with concurrence, 1 17

,On the Report of the Committee on Pensions of the House of Repre.

sentatives, on the Petition of Milly Ward, 114

On the Report of the same Committee, on the Petition of Hannah Hud-

gins, 114

On the Report of the Committee on Pensions of the House of Repre.

sentalives, on the Petition of Benjamin Dickson, (unfavorable;)

agreed to, 115

INCORPORATIONS AND ENGROSSED ACTS.

On the Petition of citizens of St. Helena, in relation to the Beaufort

College; ordered to lie on the table, 63

On the Petition of the Bennettsville, S. C. Manufacturing Company, for

incorporation, (unfavorable;) agreed to, 100

On the Engrossed Acts, 121

ROADS AND BUILDINGS.

On the Petition of James White, Trustee for Emeline Walkington,

for the Charter of Jacksonboro' Ferry,

Unfavorable Amended so as to make the Report favorable,

Agreed to, and sent to the House of Representatives for

concurrence, 47

On a Resolution of Inquiry, as to the expediency of Repealing the 14th

Section of the Road Law of 1843.

Unfavorable. Agreed to, r 55

On the Petition of J. M. Rutland,

Unfavorable. Agreed to, 67

On the Petition of J. Terry,

Re-committed, 68

On the Petition of J. M. Zealy, for re-charter of Beaufort Ferry,

Unfavorable. Amended, on motion of Mr. DeTreville, so as

recommend that the prayer be granted, and Report agreed

to, ^ " 71

On the Presentment of the Grand Jury of Barnwell, on the subject of

a new Jail, and Repairs of the Court House,

Unfavorable, agreed to, 71

On the Report of the Secretary of State, on'the condition of his Office

in Columbia and Charleston,

♦greed to, and sent to House of Representatives, 93

etition of J. Terry,

Re-committed, with instructions, 93

On the Petition of Citizens of Edgefield, Abbeville, and Hamburg, in

relation to a Koad, *!

Ordered to lie on the table, and Petition withdrawn, 93

On the Petition of Citizens of St. Andrew's Parish, praying for a new

Road,

Unfavorable; ordered to lie on the table, 96

On a Resolution from the House of Representatives, in relation to the

Îteration of the Gallery of the Representative Chamber, 114

ACCOUNTS AND VACANT OFFICES.

Report certain Offices Vacant, 30, 31, 36


On the contingent accounts against the Lower Division of the

Treasury,

Agreed to, and sent to the House of Representatives,

Returned, with concurrence,

COLLEGE, EDUCATION AND RELIGION.

On the College Commencement,

On the establishment of a Professorship of Greek Literature in the

South-Carolina College,


Taken up and placed in the Orders of the Day,

On a Resolution, in relation to the absence of Professor Ljeber,


On the account of Charles Alexander, for Teaching Charity Scholars,

Unfavorable ; ordered to lie on the table, and account with-

drawn,

On the Report of the Committee on Education of the House of Rep-

resentatives, on the Governor's Message No. 2, in relation to a

Professorship of Greek Literature in the South-Carolina College,


See also a Bill to make Appropriations, &c.

On a Resolution from the. House of Representatives, requiring Com

missioners of Free Schools to report vacancies in their respective

Boards,

On the Presentments of the Grand Juries of Marlborough and Dar

lington, in relation to Free Schools,

Unfavorable ; agreed to,

On the Petition of B. K. Bee,

Agreed to, and sent to the House of Representatives,

On the Report of the Committee on Education of the House of Rep.

resentatives, on the Return of the Commissioners of Free Schools

for 1844,

On the Report of the Committee on Education, on the Report of

the Vestry of St. James, Goose Creek, on the Ludlam School

Fund,

On the Report of the Abbeville Delegation of the House of Represen

tatives, on the Report of the Trustees of the Estate of Dr. De La

Howe,

AGRICULTURE AND INTERNAL IMPROVEMENTS. (

On the Petition of the Commissioners of Little Pee Dee River, pray

ing an appropriation fur that River,

Unfavorable ; recommitted with certain instructions,

On the memorial of citizens of Lancaster and Chesterfield, in relation

to the passage of fish up Lynch's Creek,


On the Petition of William B. Villard, sen., praying compensation for

development of the Agricultural resources of the State,


On the Petition of cilizensof Horry District, for an appropriation for

cleaning out Chinnerse's Swamp,


PAGE.

Unfavorable ; agreed to, 55

On a Resolution from tlie House of Representatives, for appointing

Commissioners for Horse Creek, 63

On ihe Petition of Cader Hughes, praying a balance of an appropria

tion for cleaning out L;ike Swamp, and the counter Memorial of

citizens of Horry District, on the same subject,


On various Petitions and Memorials, in relation to the Geological Sur

vey, and on the Report of the Committee on Agriculture of the

House of Representatives, on the same subject,


On the Report of the Committee on Internal Improvements, on the pe- •

tition of Lewis Pou, 115

On the Report of the same Committee, on the petition of G. B. Greer, 116

On the Report of the Committee on Internal Improvements of the

House of Representatives, on the Petition of J. A. Leland, .

Ordered to lie oh the table, 116

LCNATIC ASYLUM AND MEDICAL ACCOUNTS.

On the Petition of Dr. T. Robertson,


On the Report of the Medical Committee, of the House of Represen

tatives, on the account of Dr. J. W. Tarrant,


On the Report of the same Committee, of the House of Representa

tives, on the account of Dr. J. W. Tarrant,



tives, on the account of Dr. Thomas Teague,



tives, on the account of Dr. L. C. Duncan,


On the Petition of citizens of Barnwell, for payment to Dr. J. E. Big.

non, for aiding in detecting arsenic in a case of alleged murder,

Ordered to lie on the table, *, 93

Called up, agreed to, and sent to the House of Representa

tives, 95

On the Report of the Medical Committee of the House of Representa

tives, on the same subject, 115

On the Reportof the Medical Committee of the House of Representa

tives, on the accounts of Drs. Hagood and Duncan,


On the Report of the same Committee, on the account of Dr. T. J.

Flinn, 115

On the Reportof the same Committee, on the aecountof Dr. W. M.

Lee, 115

On the Reports of the same Committee, on the accounts of Drs. D.

VV. Ray, Samuel Langley, James O. Hagood, S. VV. S. Johnson,

Peter Porcher, and J. E. Bignon,


114

PAGE.


On the Report of the Medical Committee of the House of Represen

tatives, on the several accounts of Dr. J. 11. Boatwright,


On the Report of the Committee on the Asylum of the House of Rep.

resentatives on the Report of the Regents of the Lunatic Asylum, 115

LEGISLATIVE LIBRARY.

On the Report of the Committee on the Legislative Library, House of

Representatives, on the Menwrial of the New-York Historical So

ciety,

SPECIAL COMMITTEES.

On Public Printing, agreed to, and sent to House of Representatives, 32

Message from the House of Reprerentatives, asking leave to

* recommit. Message ordered to lie on the table, 35

Ordered to be re -committed, to divide the Printing, 43

,Report agreed to, and sent to House of Representatives, 70

To wait on His Excellency, the Governor, 5

To wait on the Governor Elect, 60

To nominate suitable persons for President and Directors of the Bank

of the State :

Report, 65

To examine the Governor's Contingent Accounts,

Agreed to, and sent to House of Representatives, 67

On the appropriation for Pee Dee River,

Favorable ; disagreed to by Yeas and Nays, 73-4

On the transfer of Books from the Legislative Library to the Library

of the Court of Appeals,


Of Free Conference, on a Bill to make further provision for the secu

rity of public moneys under the control of the different Boards of

Commissioners in this State, 104

Of Free Conference, on a Bill to establish certain Roads, Bridges and

Ferries, 104

On a Bill to make appropriations for the year, commencing in October,

one thousand eight hundred and forty-four, 107

For appointing Proxies to represent the State in the meetings of the

South-Carolina Rail Road Company, and South-Western Rail Road

Bank, " 121

On the Report of the President of the Bank of the State of South.

Carolina, in answer to a Resolution calling for information as to

debts due by Incorporated and Manufacturing Companies,


Returned by House of Representatives, with concurrence, 122

Of Free Conference, on the Report of the Attorney General, on the

Bank case, 123


REPORTS OF COMMITTEES OF THE HOUSE OF REPRESEN.

TATIVES.

PENSIONS.

On the Petition of James Head, 33


On the Petition of Mary Laird, 47

Rejected, 109

On the Petition of Elias Hollingsworth, 47


On the Petition of Frances E. Reeves, 48

(Concurred in, and returned to the House of Representatives, 68

On the Petition of Hannah Hudgins, 111


On the Petition of Milly Ward, 111


On the Petition of Benjamin Dixon, 111

Unfavorable Report of the Committee on the Military and Pen-

sionson; agreed to, 115

MEDICAL COMMITTEE.

On the account of Dr. Thomas Teague, 34

Rejected, "8

On the account of Dr. L. C. Duncan, 34

Rejected, 68

On the account of Dr. J. W. Tarrant. 34

Rejected, 66

On the account of Dr. J. O. Hagood, 34

Rejected, 115

On the account of Dr. W. S. Johnston, 34

Rejected. 115

On the account of Dr. J. E. Bignon, 34

Rejected, 115

On the account of Dr. J. W. Tarrant, 34

Rejected, 66

On the account of Dr. Peter Porcher, 34

Rejected, 1 15

On the Petition of citizens of Barnwell, prqjing compensation to Dr.

J. E. Bignon, for assisting in detecting arsenic in a case of alleged

murder, 64

Concurred in and returned. 115

On the accounts of Dr. J. H. Boatwright, for services rendered Pris

oners, 111

Rejected, 115

On the account of Dr. W. M. Lee, for services rendered to a Pris

oner, 111

Concurred in, and returned, 115

On the account of Dr. E. F. Flinn, for services tendered to a Pris

oner, HI


On the account of Dr. J. W. Duncan, 113

Rejected, 115


PAGE.

On the account of Dr. J. O. Hagood, 113

Rejected, 115

WAYS AND MEANS.

. On the abstract of Expenditures by the City Council of Charleston, for

the transient Poor, 34


On the Petition of Lucy P. Green, praying to be refunded a double

tax, . - ~ eg

Concurred in, and returned to"the House of Representatives, , 85

Oa the Petition of J. D. Allen, praying to be relieved from a Tax Exe- ■

cution, 68

Concurred in, and returned to the House of Representatives, 85 *

On the Petition of Willis Stansell, praying to be refunded a double

tax, 68

Concurred in, and returned to the Hoase of Representatives, 85

On tha Report and Petition of the Commissioners of the Poor of

Georgetown District, as to the Transient Poor, 68

Concurred in, and returned to the [louse of Representatives, 85

On so much of the Comptroller General's Report, as relates to Lot

teries, 110

Report of the Committee on Finance and Banks on,


On the Petition of the Commissioners of the Poor for Lexington Dis

trict, i


On a Bill to regulate the auditing of Contingent Accounts against the

State, ' " 111

CLAIMS.

On the account of C. H. Allen, for advertising, 40

Concurred in, and returned to the House of Representatives, bl

On the account of the Clerk of the Court of Appeals at Columbia, 41


On the account of J. L. Orr, for Printing, 41

Concurred in, and returnedjto the House of Representatives, 81

On the Petition of Mary Thorn, for compensation for a Slave exe

cuted, 41

Unfavorable Report of the Committee on Claims and Grievan-

ces on, agreed to, and this Report rejected, 81

On the Petition of Harmon Garrett, for compensation for two Slaves

executed, 41

Message sent to the House of Representatives, asking leave to

amend, 84

House grants leave : Report amended, and concurred in, and


On the Petition of R. G. Ferrell, 41


On the Petition of Edmund Jones, and A. W. Jones, 41



• PAGE.

On the Petition of the Rev. J. J. Lawton, for compensation for a Slave

executed, 48


On the account of A. S. Willington & Co. for Printing, 48

Concurred in, and roturned to the House of Representatives, 85

On the account of Symmes <fe Bridwell, for Printing, 68


On the account of Dabose & Johnson, for Printing Ruflin's Report, 69


On the Petition of sundry Citizens of Beaufort District, praying that

certain expenses incurred by R. Y. Carey, as a Magistrate attending

Court, be refunded to him, 69


On the Petition of sundry citizens of St. Luke's Parish, for compen.

sation for attending as Witnesses in the Contested Election from

that Parish, in the House of Representatives, 100

Called up: concurred in, and . returned to the [louse of Rep

resentatives, 108

On the account of J. N. Cardozo, 110


On the account of the Richland Artillery, 110


On the account of Joseph Baskin, 111


On the account of B. Gass, 111

Concurred in, and ri turned, 119

On the Petition of Kinloch, Phillips & Co. Ill


On the Petition of J. H. Buckner, 111


On the Petition of A. Campbell, 111


On the Petition of G. H. Pooser, 112


Ou Ihe Petition of L. B. Clark, . 112


On the Petition of Jacob Stephens, 112


On the Petition of Thomas Pye, 112


On the account of Charles Wilcox, 112


On the Petition of C. B. Farmer, 112


On the Account of Samuel Isaacs, 112

Concurred it>, and returned, 118

On thp Petition of Simon Verdier and others, 112


On the Petition of T. W. Glover, 112



PAGE.

On the Account of J. A. Stuart, 112

Message to the House of Representatives, asking leave to

amend : leave refused : Report ordered to lie on the table, 116

On the Petition of J. W. Summer, 112


On the Account of John Stubs, 112


On the Account of VV. F. Durisoe, 112


On the Account of A. S Johnston, 112


On the Petition of Samuel Jordan, 112

Concurred in, and returned, lid

On the Petition of the Secretary of State, 112


On the Account of T. W. Pegues, 112


On the Account of I. C. Morgan, 112


On the Account of G. W. Hopkins, 112


On the Petition of Mills Summer, administrator, 112


On the Petition of Oswald Reeder, 112

Concurred in, and returned, ' 118

On the Petition of A. H. Pemberton, 112


On the Petition of O. H. Wells, 112


INTERNAL IMPROVEMENTS.

On the Report of the Superintendent of Public Works,

Concurred in, and returned to the House of Representatives,

On the Petition of Lewis Pou, praying the Legislature to confirm his

Title to a certain Tract of Land,


On the Petition of J. A. Leland, Superintendent of Public Works, for

compensation for services rendered to the State,

Report of the Committee on Agriculture and Internal Improvements,


Re-considered, and ordered to lie on the table,

On the Petition of G. B. Greer, for compensation for work on the

State Road, over Saluda,


JUDICIARY.

On the Petition of James L. Gantt, praying compensation as Librarian

ot the Appeal Court in Charleston,


On so much of the Governor's Message as relates to the offices of

Secretary of State, and Surveyor General,

43

78

111

115

111

116

117-8

111

116

09

63

113

index to the senate journal.173

pAGE.

Report of the Committee on the Judiciary, of the Senate, on,

Ordered to lie on the table, 1 16

LEGISLATIVE LIBRARY.

On that part of the Governor's Message, No. 1, which relates to the

New-York Historical Society, and on the Memorial of that Society,

prayi g for copies of certain Documents, ng


LUNATIC ASYLUM.

Oil the Report of the Regents of the Lunatic Asylum, ] 13

Concurred in, ar d returned, 115

FEDERAL RELATIONS.

On the Governor's Communication, transmitting a letter from Samuel

Hoar, Agent from Massachusetts,

Motion, by Mr. Perry, to print the Report, and make it the

Special Order for to-morrow, at 12 o'clock: motion lost,

The Report and Resolutions concurred in, and returned to the

House of Representatives, 47

On the Protest and Dectaratiun of the State of Massachusetts and

Providence Plantations, 111


PRIVILEGES AND ELECTIONS.

On the Resolutions referred to the Committee, in relation to Managers

and Places of Election, 111


VACANT OFFICES.

Appointing Magistrates, and other District Officers, 121

Amended by leave of the House,


EDUCATION.

On the Governor's Message, No. 2, in relation to the Fund for the

Deaf, Uumb and Blind, 68

Concurred in, and returned to the House of Representatives. 9>

On so much of the Governor's Message, No. 2, as relates to a Profes-

sorsbip of Greek Literature ill the South-Carolina College, 99

Concurred in, and returned to the House of Representatives, 108-9

On the Report of the Vestry of St. James, Goose Creek, on the Lud.

lam School Fund, 110


On the Free School Returns, for tne year 1844, 111


On the Petition of Bernard E. Bee, in relation to a suit against him,

on account of the Ludlam School Fund,



PAGE-

PUBLIC BUILDINGS.

On the Petition of sundry citizens of Sarnwell District, praying for a

new Court [louse and Jail, and on the Presentment of the Grand

Jury of that District, on the same subject, 95


AGRICULTURE,

On sundry Petitions of several Agricultural Societies in this State,

praying for a continuance of the Geological Survey of this State,

Message sent to House of Representatives, asking leave to

amend, and leave refused,

Report of the Committee on Agriculture and Internal Improve.

ments, on, ordered to lie on the table,

Again ordered to lie on the table,

JOINT COMMITTEE ON ACCOUNTS.

On the Contingent Accounts against the Upper Division of the Trea

sury,

Concurred in, and returned to the House of Representatives, 107-8

On a Resolution, in relation to a reduction of the Fee Bill, 111


SPECIAL COMMITTEES.

EDGEFIELD DELEGATION.

On the subject of the Poor House, 48


On the Public Printing, 64

On the Governor's Contingent Accounts, 69


ABBEVILLE DELEGATION.

On the Report of the Trustees of the Estate of Dr. De La Howe, 113


On the Repairs of the Capitol,

Amended, by leave of the House of Representatives, and con

curred in, and returned to House of Representatives, 123-4

S.

Senate of South-Carolina, convened, 3

Skipper, Hon. J. B., qualified as Senator from Horry, 3

St. Luke's Parish,

Petition of Citizens of, as to Election of Senator therefor, 7

Report of the Committee on Privileges and Elections, asking

leave to send for persons and papers, agreed to, 45

Report again made, and ordered to lie on the table, 78

Resolution introduced, and disagreed to, by yeas and nays, 78

Report agreed to, 78

Re-considered, and ordered to lie on the table, 86


PAGE.

Re~committed, 101

Again presented, agreed to., and seat vacated, 120

Salem, Sumter District,

Petition of Commissioners of Roads of, for an additional Com

missioner, 7

Petition of Commissioner? of Roads, for a New Road, 22

Staggers, William,

„ Petition for Charter of Murray's Ferry, over Santee River, ' 7

St. Luke's Parish,

Petition of Citizens of, for change of the Road Law, 7

Seabrook, G. W„

Petition to be exempted from working on New Town Cut, 7

St. Helena Parish, " . .

. Memorial of Citizens of, as to the Beaufort College, 21


Engrossed Acts, ordered to lie on the table, 63

Memorial withdrawn, 84

St. George's, Dorchester,

Petition of Citizens of, for re-establishment of the Old Four Hole

Company, 21

Sams, Dr. B. B.,

Petition for compensation (or a Slave executed, 22


to, and sent to House of Representatives, 32

Returned, with concurrence, 48

St. Helena Mounted Rifle Company,

Petition for exemption from attending Regimental Reviews, 23

State Road,

Petition of Citizens within ten miles of, as to Grants for their

Lands, 24

Speers, R. H., State Reporter,

His Communication to the Senate, . . 26


sent to House of Representatives, 92

State Reporter, J. S. G. Richardson elected, , 99

Superintendent of Public Works, Report, 26

Committee on Agriculture and Internal Improvements dia-

1 charged, 54

W. W. Ancrum elected to the Office of, 66

Stairley, George,

Petition of his Heirs and Representatives withdrawn, 27

" " " presented, 28

Solicitor's Reports,

On District Offices—Eastern Circuit,- . 28

Committee on the Judiciary discharged, , 42

Southern Circuit, , 44.

Western do. 46

Northern do. . , -r>0

Eastern, do. > . - 56

Middle, do. 7*


FAGE.


sent to the House of Representatives for concurrence, 83

Returned, with concurrence, 117

Solicitor of the Northern Circuit,

Office reported vacant, 31

T. N. Duwkins elected, 62

Solicitor of the Southern Circuit,

Office reported vacant, 31

John D. Edwards elected, 62

Spriggs, E. W.,

Petition to be refunded money expended in defending a Suit,

relative to the Saluda Turnpike Road, 31

St. Andrew's Parish,

Citizens of, petition for the alteration of a Road, 31


on, ordered to lie on the table, 96

St. Matthew's Parish,

Commissioners of Roads of, Petition for additional Toll for

crossing the Lake at McCord'a Ferry, 31

State Road,

Petition of Citizens within ten miles of, as to grants of their

lands, 37

Spartanburg,

Citizens of, Petition for change of the License Law, 38

Secretary of State,

Report on the condition of his Office, 44

Report of the Committee on Roads and Buildings agreed to,

and sent to House of Representatives, 93

Strohecker, John, and others,

Petition in reference to losses sustained in the schooner Enter

prise, through British interference, 49

Report of the Committee on Federal Relations on, ordered to

lie on the table, 109

Smith, B. F., Account for Oil for the Citadel, 60


to, and sent to House of Representatives, 101

Returned, with concurrence, 1 17

Surveyor General's Report, laid before the Senate, 72

Senate, Adjournment of sine die, 125

T. *

Thomson, H. H., called to the Chair in the organization of the Se

nate, 3

Leave of absence granted to him, 102

Terry, J., Petition that the State will release its interest in a lot in

Edgefield, 7

Report of the Committee on Roads and Buildings, re-commit

ted, 68-93

Tracy, Carlos, Petition for leave to apply for the Bar, t 33


agreed to, 55

-

INDEX TO THE SENATE JOU8NAL. 177

PAGE.

Treasurer of the Upper Division, office reported vacant, 38

Ballots for, 44, 51, 52

Francis Burt elected, 52

Tliompsonian Practitioners of Medicine,

Petition of Citizens of York, that tliey may be paid for their

services, 72

Petition of Lewis De Motte and others, on the same subject, 72

" " Citizens of York, to the same effect, 92

Unfavorable Report of the Committee on Claims and Grie

vances on, ordered to lie on the table, 100

Tliompsonian, Botanical Friendly Society of Charleston, Petition for

Incorporation, 80

V,

Union Insurance and Trust Company, Petition of Citizens of Charles

ton, for renewal of an Act to Incorporate, 24

See Bill.

V.

Vernon, T. O. P., elected Commissioner in Equity for Spartanburg

District, " 36

Villard, Rev- W. B., Petition for compensation for developing the

Agricultural resources of the State, 37


Internal Improvements on, agreed to, 55

W.

Withcrspoon, Hon. I. D., qualified as Senator from York, 3

"White, James, Trustee of Emeline Walkington, Petition for Charter

of Jacksonboro' Ferry, 7


on, amended so as to make it favorable : agreed to and sent

to the House of Representatives, < 47

See a Bill to establish certain Roads, Bridges and Ferries.

Witsell, Dr. .Emanuel, Petition for Charter of Jacksonboro' Ferry, 7

See a Bill to establish certain Roads, Bridges and Ferries.

Walker, J. S., Petition forcompensatiJii for attending as a Witness in

the St. Bartholomew's Election, 7



Washington, Hon. William, qualified as Senator from St. Pauls, 26

Wallern, F. J., Petition as to his personal property withdrawn, 27

" , " " presented, 28

Watt, Thomas, Petition to be refunded certain moneys, 28



Weir, Samuel, Account for Printing, 28

Report of the Claims and Grievances on, agreed to, and sent

to House of Representatives, ,83

Returned, witii concurrence, 114

Walker, George, Petition to bo refunded the amount of a verdict re

covered against him as Superintendent of Public Works, 31


PAGE.


ces on, ordered to lie on the table, and Petition withdrawn, 93

Ward, Hon. J. J., Senator from All Saints, appeared in his seat, 32

Wiuyaw Observer, newspaper: Account for Printing for the State, 37

Withdrawn from the Committee on Claims and Grievances, 108

Wingnte, William. Petition for remuneration for expenses incurred in

bringing a Prisoner to Columbia, 41

Unfavorable Report of the Committee on Claims and Grievan- .

ccs on, agreed to, and account withdrawn, 79

Wilder, Thomas J, Petition for payment for a Horse, lost while. on of

ficial duty, 44

Unfavorable Report of the Committee on Claims and Grievah'


Wallace, Esther, Petition for arrearages of Pension, due her deceas

ed husband, and to be placed on the Pension Roll, 70

Favorable Report of the Committee on the Military and Pensions

agreed to, and sent to House of Representatives, 10O

Returned, with concurrence, ... 117

Y. '

York, Citizens of, Petition for a change of the Criminal Law, 28

Committee on the Judiciary discharged from, 54

As to Thompsouian Practitioners of Medicine, 72

U u . .t ga



York, Citizens of, Petition for reduction of Fees of certain Officers, 76

Committee on the Judiciary discharged, - 93

Z. '

Zealy, John M, Petition for rccharter of Beaufort Ferry, 23

Report of the^Commiltee on Roads and Buildings on, unfavor

able, amended, on motion of Mr. DeTreville, so as to re-

commend that the prayer be granted, and agreed to, ., . 11