The Sun.
London, England, 1852-12-23 00:00:00

SOUTH CAROLINA AND GREAT BRITAIN.

IMPRISONMENT OF COLOURED SEAMEN.
Governor Means, in his late message to the Legisla-
ure of South Carolina, has the following paragraphs
relative to the imprisonment of coloured persons arriving
at Charleston from other States or countries :-- -
" I feel it my duty to call your attention to certain pro-
ceedings which hare grown out of the enforcement of that
law of our State which requires the Sheriff of Charles-
ton to seize and imprison coloured seamen who are
brought to that port. You will remember that the
British Consul addressed a communication to the Legisla-
ture in December, 1850, on the subject of a modification
of this law. A committee was appointed by the house
and Senate to report upon it at the next session of the
Legislature. These committees reported adverse to any
modification. On the 24th of March, 1852, Manuel
Pereira was imprisoned in accordance with the law
alluded to. The vessel in which he sailed was driven
into the port of Charleston, in distress. This was
looked upon as a favourable case upon which to make
an issue, as so strong an element of sympathy was con-
nected with it. Accordingly a motion was made before
Judge Withers for a writ of habeas corpus, which
was refused by him. These proceedings were instituted
by the British Consul, it is said, under instructions
from his Government, to test the constitutionality
of the act. I think it here proper to state that Pereira
was at perfect liberty to depart at any moment that he
could get a vessel to transport him beyond the limits of
the State. In truth, in consideration of the fact that
his coming into the State was involutary, the Sheriff of
Charleston, with his characteristic kindness, procured
for him a place in a ship about to sail to Liver-
pool. Early in April, Pereira was actually released and
on his way to the ship, having himself signed the ship-
, ping articl6s, when, by interposition of the British Con-
sul, he was again consigned to the custody of the sheriff.
A few days after this the British Consul insisted no
longer on his detention, but voluntarily paid his passsge
to New York. This was looked upon as an abandon-
ment of that case. The statement of Mr. Yates, to-
gether with the letter of the British Consul, are here-
with transmitted.
" While these proceedings were pending, the Sheriff
'of Charleston had my instructions not to give up the
prisoner, even if a writ of habeas corpus had been
granted. I considered that the `Act of 1844,' entitled,
An Act more effectually to prevent negroes and other
persons of colour from entering into this State, and for
other purposes,' made it my duty to do so.
"On the 19th of May, Reuben Roberts, a coloured
seaman, a native of 1 assau, arrived in the steamer
Clyde, from Baracoa. The Sheriff of Charleston, in
conformity with the lam of the State, which has been in
force since 1823, arrestel and lodged him in the district
gaol, where he was detained until the 26th of May,
when, the Clyde being ready to sail, Roberts was put on
board, and sailed the same day.
"On the 9th of June a writ in trespass, for assault
and false imprisonment, from the Federal Court, was
served upon Sheriff Yaea, laying the damage at 4,000
dollars.

" The Act of 1844, I take it, was intended to prevent
all interference on the pert of any Power on the face of
the earth with the execution of this police regulation
which is so essential to the peace and safety of our com-
munity. Had the Legislature which passed it ever
dreamt that the sheriff Ntas to be subjected to the annoy-
ance of being dragged before the Federal Court for doing
his duty under a law of the State, I am sure it would
have provided for his protection. As no such provision has
been made for so uneected a contingency, I recom-
mend that you so amen this Act of 1844 that it may
meet any case that may arise.
"It is certainly wrolg to tolerate this interference
with the laws enacted fot the protection of our institu-
tion. In the general distribution of power between the
-Federal and State Governments, the right to make their
own police regulations was Clearly reserved to the
States. In fact, it is n6thing more nor less than the
right of self-preservation—a right which is above all con-
stitutions and above all laws, and one which never was,
nor ever will be, abandoned by a people who are worthy
to be free. It is a right which has never yet been
attempted to be denied to any people, except to us.
" The complaint agaiast this law is very strange, and
Government on account of it is still more remarkable,
g
wthheenatstoemfap to bring
far from
fromn Is in conflict with the General
its
being at variance with the laws
of the United States, it is only requiring the State
authorities to enforce an act of Congress, approved
February 28th, 1803, entitled an act to prevent the
importation of certain persons into certain States,
where, by the laws thereof, their importation is prohi-
bited. By referring t 4 this act, you will see that the
plaintiff in the action tlluded to was prohibited by it
from entering into this State. I deem it unnecessary,
however, to enter fully into the argument. If any
doubt should be entertained by you as to the constitu-
tionality. I beg leave to refer to the able opinion of the
Hon. J. 3/Pherson Berrien, delivered at the time he
was Attorney-General of the United States, which I
herewith send you.

"Ou the subject o/ the modification of this law I am
free to say, that when her Britannic Majesty's Govern-
ment, through its Consul, made a respectful request to our
Legislature to that effect, I was anxious that it should be
made. It was with pleasure that I transmitted his first
communication to the last Legislature. I would have made
a recommendation of its modification a special point in my
first message, but thlt I thought it indelicate to do so, as
the matter was alretdy before the Legislature, and com-
mittees had been appointed to report upon it. Another
reason for the negloct of this recommendation was the
then exciting state of party politics, which might have
precluded the possibility of a calm consideration of the
subject. But for theproceedings instituted in the premises,
I would even now recommend a modification of the law,
so as to require captains to confine their coloured seamen
to their vessels, and to prevent their landing under heavy
penalties. For while I think the State has a perfect right
to pass whatever laws on this subject it may deem ne-
cessary for its safety, yet the spirit of the age requires,
that while they should be so formed as to be adequate
to our protection, they should be, at the same time, as
little offensive as possible to other nations, with whom
we have friendly relations. But since an attempt has
been made to defy our laws, and bring us in conflict with
the Federal Goverment, on a subject upon which we
are so justly sensitive, our own self-respect demands that
we should not abate one jot or title of that law, which
wit's enacted to protect us from the influence of ignorant
incendiaries."

THE FARMERS AND THE MALT TAX.—Monday last
was the annual rent audit at Harewood, when the
tenantry of Lord Harewood dined together at the house
of Mr. Sturdy, at the Harewood Arms. After dinner,
the proposition of the late Derby Ministry to reduce the
malt tax was freely discussed, and from the general ex-
pression of opinion by the farmers it was quite clear
that they did not cart one straw about the reduction.
THE IMPRISONED MADIAL—The Corriere Mercantile
states from Florence, 13th inst., that Madame Madiai
has been ill for some days past, and that the Grand
Duchesses, moved by her miserable state, have exercised
their influence to exhort her to return to the Catholic
religion, hoping thus to obtain her liberation from the
Grand Duke. It is added that hitherto they hare been
unsuccessful.