The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1842-02-23
From the Nep York Erening Post;
MESSAGE OF THE GOVERNOR
EXECUTIVE CHAMBER
ALBANY, Feb. IL, 1S42.


sage informed the Legislature, that the State
of Virginia had adopted new law caiculaleG ,a
IA embarrass our commerce, and whichewould
90 into effect on the first day Of May next, un-
less this State should see fit to comply with GER
tain reonirements made by our sister State.
1t is now my duty TO announce that the Gene
raj Assembly OF South Carolina, on the seventh
day of December, one thousand eight hundred
and forty-one, enacted law declaring that II
shall not be lawful for any vessel of any size OF
description, owned in whole or in part, or COM
manded or nayieated by any citizen or resident
of the Sta'e Of New York, or any such vessel
owned in whole or in part, or colnlnanded OF
navigated by any other person than an actual IN,
habitant and resident of South Carolina, ana
departing from any port in the commonwealth
to any port of New York, to leave the waters
of South Carolina until the commandanto OF sucn
vessel have submitted to search and have com.
piled with restrictions similar to those attempted
to be imposed upon our. vessels found III W.
,ginia by the law Of hat State
submit copy of the act of South Carolina,
by which it will be seen that the law will take
effect on the first of May next, but that the
Governor is authorised to suspend its operation
on being officially informed that the Executive
of New York has consented to comply win i!l ,le
demand of the State Of Virginia, hltherto dls-
allowed, for surrender of certain persons as
fugitiyes from Justice, and that the Legislature
of this State has repealed the act OF lo4o' eH-
tending the right OF trial by jury:
We are indebted to the courtesy of the Gene.
raj Assembly Of South Carolina, tor report
and resolutions setting forth the grounds of their
very extraordinary proceedings Since that
proceeding contemplates certain specified acton
by the Executive as well as by the Legislature
of this Sta;e, as a condition upon which the
citizens of this State shall hereafter ENJOY uIl-
molested in South Carolina, rights and lmmunl-
ties guaranteed to them by the Consti!ut!oa
of the United Estates; | have respectfully COM.
municated to the Governor Of South Carolina
my decision upon the proposition thus submit
ted to me- That decision is in maintenanc OF the
grounds heretofore assumed in my correspon-
dence with the authorities of the State OF Vr-.
gnia.
The General Assembly of South Carolina
pronounces our law, extending the right Of trial
by Jury, an act which is the most alarming and
dangerous form in which fanatacismor folly has
made its assaults on an ancient domestic institu-
ton, cherished in the hearts of the people of
the South; and they very clearly and fully set
forth the reasons for this opinion.
l. submit them in full confidence that they
wilreceve that early aud deliberate considera-
ton which is due tothem, not only from the
magnitude Of the subject and the shortncss OF
the period which is to elapse before the rlgor-
ous measures of Virginia and South Carolina
will take effect, but also the respect to South
Carolina which am sure is entertained by the
people of this State. My own views Of the law
in question differing essentially from those pre-
scented in the papers now submitted, have alrea- I
DIV been made known to the Legislature.
WILLIAMI SEWARD.
STATE OF n. YORK, Executive DEPARTMENT, I
Albany, February TO-, 1912. ! |
SIR have had the honor to receive your
of December last, transmitting
to me copy Of law passed by the General
Assembly of South Carolina, entitled ''An act
to prevent the citizens of New York from car
ryng slaves or persons held to service out of I
this State, and to prevent the escape of. persons
charged with the commission Of any crime, =
This communication is accompanied by a peril
nent report and by resolutions of the General
Assembly, explaining reasons of the enact
ment.
The act declares that it shall take effect from
and after the first day of May next, and that
the Governor is authorised to suspend its opera
tons, upon being officially informed that the
Executive of New York has bona tidc consent
edto comply with demand heretofore made by
the authorities of Virginia for the surrender Of
PeterJohnson, Edward Smith, and Isaac Gain
sey as fugitives from justice; and that the Legis
lature of this State has repealed law passed !
in 1910, extending the right of trial by jury TO
persons claimed as owing service in other
States, under proceedings before the officers and
magistrates of this State. -
It seems my duty, therefore, with the frank
ness of communication which ought TO prevail
between the several States of the Union, to
make known to your Excellency, as have
uniformly and on all proper occasions informed
the State Of Virginia, that the Executive Of this !
State declined to comply with the requisition OF
the Executive of Virginia referred to in the act 4
of South Carolina, Upon the grounds that the
process was deemeds to be without warrant or
authority in the Constitution of the United
States, or in the laws and customs of this
State, and that nothing has occurred since that
decision was made to change the convictions
then entertained.
Whether the law of this State extending the
trialby jury, be unconstitutional or injurious to
the State, is a question which probably belongs
to the Legislative Representatives Of the people,
and:has b cen commended to their respectful
consideration. Ialso belongs to them to con-
slider, at least in the first instance, whether the
measure which the State of South Carolina has