Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1860-03-22
For the Yorkyille Enquirer,
TO THE PUBLIC.

oE IAc .1oEA'i1o I4n4eiASi'
IT, TO THE PUBLIC.
Messrs Editors You will please do me the
kindness to publish the letter which Isend you,
from Hon. C. G. MEMMINaER, giving his opinion
and construction Of the recent act Of the legsla-
ture, granting license to itinerant salesmen or
travelling agents. -.
This Act has produced much unnecessary ex-
citement from its supposed ambiguity. But /
hope, for the good of the district and the State,
that the opinion Of one 80 distinguished, as
lawyer and statesman, as Mr.. MEaxrNaER, will
satisfy the public thatthe Act, instead of being
Injurious, will operatesto the best interest Of s.
Carolina. " - -, 'z'' a
The recent Act, as its name sud meaning i'm
port, was intended to reach o class Of persons
who for number of years, have visited our
State with samples and patterns Of goods manu-
factured at the North. By exhibition of these
patterns or samples, they sell, without paying
any tax, goods and articles identical with those
which our merchants and citizens return to the
tax-collector, as taxable property. And BY COM
ing in contact with our peculiar institutions they
avail themselves of the opportunity to excite the
slaves to insubordination and Instructions by
means Of incendiary pamphlets, &c. Against
such class, l suppose, no true southron would
hesitate to pass the severest laws. They are
designated, in the words of the Act, as having
no permanent and established place Of business
and stock of goods, within the State, out Of
which tax may be levied. To reach them, We
now require that they shall pay for, license,
and give security that they will pay the tax on
the amount of goods sold by them and that they
will not interfere with our negroes. -..
These are the two conditions of the statute,
from which its spirit may be drawn. How then
can it apply to the produce of Virginia and N.
Carolina, such as corn, -four, wheat, tobacco,
oats, potatoes &c., upon which the legislature
imposes no tax? And, how can it apply to the
people of these two States, who are equally inte-
rested with us in the maintenance and strength
ening Of the institution Of slavery?
The ambiguity in the Act, if any exist, consists
in the construction Of the words, itneraut sales
man or travelling agent, as distinguishable from
the words, hawkers and peddlers, against whom a
law was passed in 1s43, and to which the recent
Act has no connection or reference. Under the Act
of 1843, person, to become hawker or peddler,
I must be resident of the State ten years, and
take out, at the rate of fifty dollars, license u
trade in each district Of the State But this Act
does not apply to the class Of persons contempla
ted by the Act of the last Legislature. Hence the
necessity of an Act reaching the agents ofshouse:
in Northern cities, selling goods by samples o'
i patterns in our State. ~ s,1-' - >. - y
So confident am of its want of application
to our neighbors of North Carolina and Virgins
selling their produce in our markets, that du
ring Court Week, encouraged q Tobacconis
to retail in the usual way, by promising t.
indemnify, inthe event he were prosecuted under
the provisions of the recent Act. He retailet
until his stock was exhausted. I have thus il
q condensed form, given my views of the Act
and refer your readers to the letter of Mr.. MEM
MINGER. -.,.e'
~ Respectfully, Yours, -"
R. G. McGAW:
|, COL. MEMMINGER's LETTER,
.. CHARLESTON, March 9, 1850.
Mn Dear Sir have just received yours o.
the 9Th inst, in which you request my opinion
as to the effect of the Act of the last Session. upor
the citizens of North Carolina and Virginia WHIT
bring into our State for sale, their corn, Hour
tobacco and other products.
The Act seems to be very sweeping in its pro-
visions, because of its using the general terms
"other persons" and otherwise" But the con
text shows that these words are really to be
construed in limited sense. Three features
are added to these "other persons" to complete
the description. They have no permanent place
of business no stock of goods in the State, and
they are liable to pay q tax. The words are
"It shall not be lawful for any petty chapman,
/" itinerant salesman, travelling agent, or other
A." person, not having any permanent and estao-
{" lished place of business, and stock Of goods
{" within the State, out of which the tax may be
(" levied, to carry on trade and make contracts
I" for sales, by means of samples or patterns, OF
" otherwise, without first procuring from one oi
the Treasurers, as herein provided, license
i" to carry on such trade as itinerant salesman:
These persons are required to apply for IL
cense, and the terms Of application and OF the
license add other features to the description. -
The applicant must set out description OF ms
trade. The license must specify the nature o1
the trade, and the bond which is required is
" conditioned that he will make true return to
{" the Tax Collector of the District in which the
" sales may be made, showing the amount Of
" the Tde to Jspdid by him for one: yearfrom the
" date of the license, and will pay such amount
| &c "a ooon II NAV hec0me aue NC. y 3
These provisions imply two things; first, that
the party is to engage in itinerant trade; Sec
ondly, that he is to sell something upon which q
tax is laid The first provision, therefore, limits
the general words "other persons" to persons
ejusdem generis with the chapmen itinerant sales
, mon and travelling agents.. with whom they are
connected. The second provision turns US to the
tax Act, to ascertain upon what sales the
State has laid tax. There we find that an
express exception from taxes is made in favor Of
" the products of this State and the unmanufac
.s tured products of any of the United States OF
A" Territories" This exception embraces the
identical products which form the subject Of
, your enquiry and the tax Act of last year II
relation to the tax imposed on sales both by per-
manent and transient persons, uses fexcept as tt
amount) the same language which has been used
in preceding years. No new tax has been laid,
and if the products to which you refer paid no
{ tax last year, there is no ground for holding
them liable this year. 's'.. 'i7#5'i - '''-'''
1t is equally manifest that the persons intend
f ed to be reached by the act are of q peculiar
f character. They were to be Of the intineran
class mentioned in the title Of the Act From
such mischiefs have been found to arise, ant
the law intended to guard against these. Befor'
? these itinerants are permitted to have free ac
cess to our people, some Of our citizens must an
swer for them. But to our own neighbors wht
have been selling US their agricultural products
8 for many years we would offer the kindliest hos
pitality. If the wordssof the Act be strained 81
as to embrace them, they would reach our Owl
planters selling their own produce, and woult
C make unlawful even an ordinary sale of q horse
/ or negro, or any article or commodity.
O am, therefore, of opinion that the Act doe