[93] Coll. Mass. Hist. Soc., Vol. IV. p. 198.
[94] Hewatt, History of South Carolina, Vol. II. p. 292; Drayton, View of South Carolina, p. 103; Mills, Statistics of South Carolina, p. 177. In harmony with these is the recent History of South Carolina, by William Gilmore Simms, (ed. 1860,) p. 199.
[95] Congressional Globe, 33d Cong. 1st Sess., June 26, 1854, Vol. XXVIII. p. 1516.
[96] The following, from the Congressional Globe (33d Cong. 1st Sess., Appendix, p. 234), will show the spirit of Mr. Butler's remarks, on the occasion referred to.
"Mr. Butler. ... I have said, that, before the adoption of the Missouri Compromise, even the Northern States were not so very kind and philanthropic towards this race, which is now under the peculiar care of the Senator from Massachusetts, as he would represent. I have before me a statute of that State, which I ask my friend from Alabama [Mr. C. C. Clay], who sits beside me, to read."
[Here Mr. Clay read from the Act in question (withholding the title, "An Act for suppressing and punishing of Rogues, Vagabonds, Common Beggars, and other Idle, Disorderly, and Lewd Persons") a section prohibiting the tarrying of vagrant negroes in the State longer than two months, on pain, in case of complaint, and continuance after due warning, of being "whipped not exceeding ten stripes, and ordered to depart out of the Commonwealth within ten days; and if he or she shall not so depart, the same process to be had and punishment inflicted, and so toties quoties.">[
"Mr. Broadhead. What is the date of that statute?
"Mr. Butler. Seventeen hundred and eighty-eight; and it remained on the statute-book in full force until 1823, until after the adoption of the Missouri Compromise. I will call it the Toties Quoties Act. The negroes were to be whipped every time they happened to get to Boston, or any other place in Massachusetts. That is a specimen of statutory philanthropy at least."
To this Mr. Sumner replied at once:—
"The Senator from South Carolina is so jealous of the honor of his own State, that he will pardon me, if I interrupt him for one moment, merely to explain the offensive statute to which he has referred. I have nothing to say in vindication of it: I simply desire that it should be understood. This statute, which bears date 1788, anterior to the National Government, was applicable only to Africans or negroes not citizens of some one of the United States; and, according to contemporary evidence, it was intended to protect the Commonwealth against the vagabondage of fugitive slaves. But I do not vindicate the statute; I only explain it; and I add, that it has long since been banished from the statute-book."
There is a Report to the Massachusetts Legislature by Theodore Lyman, Jr., as Chairman of a Committee "to report a Bill concerning the Admission into this State of Free Negroes and Mulattoes," dated January 16, 1822, which confirms the position of Mr. Sumner. After a few preliminary remarks, it is said:—