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[181] Mayor, and explain the matter in advance of the proposed introduction. Mr. Hoar assented, and Eggleston left Mr. H. waiting in his office, while he proceeded to confer with the Mayor. After a considerable absence, he returned, and stated that the Mayor was at Columbia, attending the session of the Legislature, and that the gentleman who temporarily discharged the duties of the officer judged it best that all further proceedings should await his return. This was assented to, and Mr. Hoar waited through the next three days accordingly.

Meantime, Gov. Hammond had received Mr. Hoar's letter, and communicated it to the Legislature, by which it was received in high dudgeon. That Legislature proceeded to pass, by a substantially unanimous vote, the following resolutions:

Resolved, 1st, That the right to exclude from their territories seditious persons, or others whose presence may be dangerous to their peace, is essential to every independent State.

Resolved, 2d, That free and other persons of color are not citizens of the United States, within the meaning of the Constitution, which confers upon the citizens of one State the privileges and immunities of citizens of the several States.

Resolved, 3d, That the emissary sent by the State of Massachusetts to the State of South Carolina, with the avowed purpose of interfering with her institutions, and disturbing her peace, is to be regarded in the character he has assumed, and to be treated accordingly.

Resolved, 4th, That his Excellency the Governor be requested to expel from our territory the said agent, after due notice to depart; and that the Legislature will sustain the Executive authority in any measure it may adopt for the purpose aforesaid.

The Legislature proceeded directly thereafter to pass an act forbidding and punishing such missions as that of Mr. Hoar, whereof the more material provisions are as follows:

I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly and by authority of the same, That any person or persons who shall on his, her, or their own behalf, or under any color, or in virtue of any commission or authority from any State in this Union, or of any foreign power, come within the limits of this State for the purpose or with the intent to disturb, counteract, or hinder the operation of such laws as have been or shall be made by the public authorities of this State, in relation to slaves or free persons of color, such person or persons shall be deemed guilty of a high misdemeanor, and shall be committed for trial to the common jail of the district, by any one of the judges of the courts of law or equity, or the recorder of the city of Charleston, unless admitted to bail by the said judge or recorder; and, upon due conviction thereof by any court of competent jurisdiction, shall be sentenced to banishment from the State, and to such fine and imprisonment as may be deemed fitting by the court which shall have tried such offense.

II. That any person within this State who shall at any time accept any commission or authority from any State, or public authority of any State in this Union, or from any foreign power, in relation to slaves or free persons of color, and who shall commit any overt act with intent to disturb the peace or security of this State, or with intent to disturb, counteract, or hinder the operation of the laws or regulations of the public authorities of this State, made or to be made, in relation to slaves or free persons of color, such person shall be deemed guilty of a misdemeanor, and, on conviction thereof, before any competent court, shall be sentenced to pay, for the first offense, a fine not exceeding one thousand dollars, and to be imprisoned not exceeding one year; for the second offense, lie shall be imprisoned for seven years, and pay a fine not less than one thousand dollars, or be banished from the State, as the court may see fit.

[The act furthermore requires that the Governor for the time being shall require the aforesaid emissary or emissaries from another State, or from a foreign power, to depart from the limits of the State in forty-eight hours-such person or persons, neglecting to depart within the specified time, to be committed (unless admitted to bail), and to be tried and punished as before

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