The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1845-01-16
From the Emancipation
Special Message.
Souh Car0laNa.

under the resolves Of the Massoc husetts
legislature, respecting The Imprisonment
of persons Of color, cilizens OF Massachn-
sets, in the ports of South Carolina. The
message is as follows
To the House of Representatives.
In March, l643. the Legislature Of this
commonwealth passed resolves authorizing
the governor with the advice aud consent
of the council, to appoin, agents in the
city of Charleston, in the Safe Of S. c.,
and New Orleans in the State of Louis
iana to collect and transmit accurate infor.
NATION as to the number and names of cit.
liens of Massachusetts who may have been
imprisoned in either OF those cities wth-
out The allegation of any crime; and those
resolutions authorized the agent TO bring
one or more suits in behalf of persons thus
imprisoned, a. The expense ofshe common
wealth.
Under these resolves, my predecessors
appointed two persons successfully IN the
city of New Orleans, and one in the city
of Charleston, all of whom declined seTv>
ing as agents under their appointments.
In March, 1874, an addliona! resolve
was passed authorizing the appointment
of agents, to reside in the cities above
named, for the purpose of carrying out the
object of the first named, resolves. Alter
the adjournment Of the Legislature, an
agent living in each of those cities was APP
pointed, and commissions were sent them.
They both declined the trust In compi-
ance with what was deemed to be the in.
tention and direction Of the legislature,
that agents shall be appointed, | nominated
the Hon. Samuel Hoar, OF Concord, to the
agency in South Carolina, and Hon Hen
ry Hubbard of Pius6eld, to the agency
in Louisiana. Their nominations having
been confirmed by the council, they were
appointed and commissioned accordingly. |
In November Mr.. Hoar left the CONS
monweaIth, and proceeded 10 Charleston
in the discharge OF the duties of his agen-
ey. On reaching Charleston, he address,
ed a note to the governor of the State in
respectful terms, informing him Of his APP
pointment and the nature Of The duties he
had to perform.
How this agent of the commonwealth
was regarded and treated by the authors
ties Of South Carolina, will be shown by
the official proceedings of her legislature,
embodied in report and a series Of reso>
luiions which have since received from
the governor Of the State, and which
herewith transmit to you. lalso commu-
nicute 10 you report from Mr.. Hoar, Civ.
ing an account of his atemp, 10 execute
the trust committed 10 him, and of his treat.
ment by the citizens OF Charleston.
In the second section Of an act of The
Legislature of South Carolina, passed on
the Goth day of Dec, 1885, it is enacted
Tha. it shall not be lawful for any free
negro. or person of color, 10 come into this
State, on board any vessel, as cook, stew
ard, or mariner, or in any Other employ
ment on board such vessel; and in case
any vessel shall arrive in any port or har-
Dor Of this State, from any other State or
foreign port, having on board any free me-
gro. or person of color, employed on board
sueh vessel, as cook, steward or mariner,
or in any other employment, it shall be
The duty of the sheriff of the district in
which such port or harbor is situated, i'm
meiialeIy on the arrival Of such vessel, TO
such free negro or person Of
color, so arriving contrary 10 this act, and
to confine him or her c!oseI y in jail, until
such vessel shall be hauled of from the
wharf, and ready TO proceed to sea. And
that when said vessel is ready TO sail, the
ca plain OF said vessel shall be bound TO
carry away the said negro, or person of
color, and to pay the expenses of his or her
commitment"
Under this extraordinary law many ofour
coored citizens, who have entered the port
of Charleston on board our vessels in the
pursuit OF lawful commerce, and com
plying with all the provisions Of the laws
OF the United States, regulating commerce
among the States, have been from time to
time seized by the officers of that State,
taken from their ships, and confined in
their public prisons unnl their vessels
were ready 10 depart, when they were
compelled to pay the expense of their de-
ten'on The color OF their skin was the
only offence which subjected those citizens
10 felon's treatment.
The legislature and people of Massa.
chusetts believe that law of South Carroll
ma 10 be in direct and palpabIe violation Of
that clause of the constitution OF the Uni
ted States. which declares that "the citi-
zeos OF each Safe shall be entitled to all
the privileges aud immunites of citizens
oil the several Sa!es,' and also fthat part
of the constitution which conters upon
Congress the power "to regulate com>
merce with foreign nations among the sew
eral States and with the Indian lribes."-
With a view 10 prevent the repetition of
these wrongs upon her owe clzens, I'M
der what she considered the harsh and un>
constitutional law Of a sister State, MaSsa-
chusetls wished, in the manner pointed
IL. nd |