The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1860-04-11
For the Lancaster Ledger

Mr.. EDITOR 1t is due to myself, as
well as to the citizens Of Lancaster District,
who have honored me with tn cir coniid ence,
that should place before them my con.
struction of the Act entitled an Act, "To re-
quire and regulate the granting ofLicenses to
ltinerant Statesmen and Travelling Agents."
| passed at the last session Of the Legisa-
turc, together with some Of the circumstan-
ces connected with its passage.
1t is well known that prior to the last
session Of the Legislature, Old John Brown,
the misguided fsnatick, had made foray
into Virgina,-hnd invaded her SOIL ant
had attempted to carry out his nefarious
purpose of insurrection and rebellion, and
in the attempt had actually shed Southern
blood This gave to the people Of the South,
Just cause to apprehend danger TO their do.
mestic hresides, and served a. warning to
them TO provide, such measures as might
be sufficient 10 prevent Northern fanaticks
from coming among them under the garb
OF business, while their tue purpose might
oc to ;amprr with the slave population.
Among the MEASURES for protection, this
Bill, it was thought, would have n saIuta-
~ effect in Kidding the South of such n
class of persons,-and was passed by the
Legislature with grent unanimtv, and by
common consent. The section in the Act,
prescribing the condition of the Bond, ~
uiong other things, reads us follows: "That
| h.. uit nt IN,
with the laws ard regulations of the State,
or with any municipal authority made for
the government Of Slavery anI Free Per-
sons of color" &c.
So much fOi the circumstances under
which the Act Was passed, and now for its
construction. And before proceeding I
make an extract from the Act, giving the
Title and the lst. Section, which embrsc.
the material parts necessary to it's under.
standing.
An Act. 10 require and regulate the grant.
ing " Licenses TO kinerani Saiesusn
and Travelling Agents.
l BE it enacted by The Senate and House
OF Representatives, now met and sitting in
General Assembly, and by the authority of
the same, That hereafter il shall not be law.
fnl for any petty chapman, itiDerant sales.
man, travelling agent, or other person, ot
having any permanent and established place
OF business and stock Of goods within the
State, out OF which the tax may be levied,
10 carry on trade and make contracts for
sales, by means OF samples or patterns or
otherwise, without first procuring from one
oil The Ireasurers, as herein provided. q Ii.
cense TO carry on such trade as itinerant
salesman And in case any such person
shall, contrary 10 the provisions of this Act
so carry on trade, or make contracts for the
sale of any goods, wares and merchandise,
and delivery OF the same within the State,
without first procuring such license he shall
be deemed guilty of a msdemeanor, and up.
on conviction thereof, he shall be liable 10
pay fine Of not more that two thousand
dollars. and upon default Of such payment
he shall be imprisoned for not more than
SIX months.
The Title of the Act must be consider.
ed IN connection with the Act itself Now
who are ltinersnt Statesmen and Travelling
Agents hire' dnt, according to Webster
means "p"sslng or travelling about q coun.
try, wandering, not settled" Salesman
one who hnds market for the goods OF
another person. 'ine words together, there.
fore, mean one who travels about a coun.
try hndng sales for the goods Of another
travelling Agent is nearly synonymous with
ltinerant Statesmen, and the words "or 9th.
or persons" are covering words, being in
general terms to embrace the particular
character OF persons intended TO be reach.
cd. "Not having any established place OF
business and stock Of goods within the
State out Of which the Tax may be levied
This part Of the sentence shows the char.
acter Of the persons pursuits, that is, tha,
they should BE- engaged in business and
have stock Of goods out Of which a Ia,
, might be levied.
Then pursuing the meaning of the clause
it shall not be lawful for such persons a.
above described, "to carry on trade and
make contracts for sales, by means Of Sam.
pies, or Patterns, or otherwise" without
hrst procuring License "to carry on such
. trade as Hineram Salesman" IL is impor
tant TO notice the words here, "to carry On
trade and make contract for sales. To car.
ry on trade means TO carry on a bushes,
by bariering. or by buying and selling fo,
. money. The Act does not read that they
shall not sell, or dispose Of, but that they
shall not carry on trade, and make eoniroct,
Tor sales. The word sell Is not in the Act
and 1 might hera alan stata ,h., Al.