The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1860-03-28
From the Torkville Enquirer.
Col. Memminger's Letter,
CHARLESTON, March ., lS6,

CHARLESTON, March ., 1860.
My Dear Sir have just received
yours OF the 9Th inst, in which YOU re
quest my opinion as TO the effect OF the
Act OF the last Session, upon the citizens
OF North Carolina and Virginia who
briuL into our State for sale, Their corn,
flour, tobacco and other products.
The Act seems to be very sY eepiug in
its PROVISIONS, because OF IT'S using The
general ieruS "other persons and 10th
erwlSe." But the context shows that these
words are really to be construed in lin
lied sense. Three features are added to
these "oiher PERSONS" 10 complete the
description. They have 10 permanent
place OF business, no stock OF goods IN
the State. and they are liable 10 pay a
tax. The words ale vt .hail not be law
tu. for any petty chapman, itineraul sales
man, travelling agent or other person,
not having any permanent and eStab
lshed place Of business, aud stock of
goods within the State, out Of which the
tax may be levied, to cars on trade and
make contracts Tor SAFE, by means Of
samples or patterns, or otherwise, With
out hrst procuring from one Of the Treas
urers, as herein provided, license to car
- ON such trade as lGuefant saIesmar" :"
Iuese pelsous are required 10 Apply
Tor "a license, and the terms of application
aud OF :he license add other features TO
The description. The applicant must set
out description of his trade The license
mast specify The nature Of the trade, aud
IA tul,, =
that he wlIl make true return to the
Tax Collector OF the District j. which The
saes may be made, showing the amc,u,
OF the Tax to be PAID by him 9or one
year from the date of tho l;cense, and
Will pay such amount as soon as it may
become due, &c."
These provisions imply two ihlpgs =
trst. that TIE party is to engage in itine
rant trade secondly, that he is 10 sell
something upon which tax is laid. The
hist provisions, therefore, limits the ge,,r,
RAJ words "other pcrsu,s' to persons eu
JeSdI I'm geHcriS with the chapman, itirc
rant SaIesmcn and travelling agents. wl,h
whom they are connected. The second
gr"V!Sion turos Us to The tax Act, 20 rs
. certain upon what sales the State has Iald
a lax. There We tiad that All express rX
c-ruoh H.m taNes IS made IN favor of
",he pToIIcts Of this State and the mann
hc'ured products Of any of the United
States or Territories" This exception
embraces the identical proiucis which
ioTm The subject Of your enquiry; aud
the tax act OF last year IN relation to the
lax IMPOSED on >res both Ly permanent
"hd transient PERSONS, uses (rXcept as To
anoHhi) The same language which has
Been used IN Pr,ceoing years. NJ new
tax has been laid, and IT the products to
which you refer paid no lax last ear.
there Is no ground for holding them liza.
ble this year
1t is equally manifest that the persons
Intended 20 be reached by the act are OF
peculiar character. They " ere to te OF
tEe lunerant class mentioned in the title
OF the Act. From such, mischiels have
Oeen found TO arise. and The low i","nd4d
to guard against these. Before these
iunerants are permitted to have free nc
cess to our people, some of our citizen,
must answer tor them. But TO oar owr
neghbors who have been selling us thci,
agricultural products for many years W.
you'd offer the kindIiest hospitality. Il
the words of the Act be strained So AS &c
embrace them, they would reach our own
planters selling their own produce, and
would make unlawful even an ordinary
sac of Aorse, or negro, or any article OF
commodity.
am, therefore, of opinion that tie Act
extend n ha ,,l, -
bring to your village for sale flou-, corn
'onacco, apples, potatoes and other pro
ducts from the neghbo:,ng States.
Very Truly, Yours.
c. G.. MEMMINGER
Col r G.. McCAw, !
HO; kyjlle. 8. &